Use of Force in Evictions comes to the Midlands.
Bailiff Training courses from IES Training
IES training have produced a course designed for bailiffs executing possession warrants on behalf of the courts and landowners.
Training must be fit for purpose !
Section 2 (2) Health and safety at Work Act 1974
Imposes a duty on employers to ensure that staff or any contractors used should receive:
As necessary to ensure the health and safety and welfare of staff or contractors whilst at work.
People carrying out evictions should be properly trained. If the occupiers are hurt or one of the bailiffs or contractors then the bailiff company and or the landowners could be liable. No eviction training should not be an option and would almost certainly be used against an employer in the event of a claim.
Just because someone holds a bailiff certificate does not mean they qualified to evict persons or property most bailiffs only have a level 2 in “taking control of goods”
Article 2 (1) Human rights act 1998 right to life
Human rights act says
If staff are working in a dangerous environment and or are likely to enter into a violent situation either of these could lead to loss of life. An employer would be expected to minimise this risk by ensuring correct and adequate training .
Part 2 of article 2 states that
“everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.”
“Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
You should be able to prove that bailiffs and contractors have had sufficient training to understand what can and cannot be done during an eviction.
The Corporate Manslaughter & Corporate Homicide Act 2007 puts extra duties on companies and organisations who can be found guilty If there was a fatality as a result of breaching their duty of care. This is especially true where a death occurred from the use of physical force and adequate training has not been given to the staff concerned.
The Course covers 2 modules
Module 1 Law regarding evictions and use of reasonable force
Module 2 Physical intervention as approved by the STA
More details see our web site www.iestraining.co.uk or email email@example.com