Enforcement Agent Certification: Our Position
RCU's formal position on the role of judicial oversight in enforcement agent certification and the case for a statutory register.
Written by Amir Ali OBE
Published on 20/08/2025
RCU’s Position on Enforcement Agent Certification
The certification of enforcement agents is a cornerstone of public confidence in the debt recovery system. As discussions continue across the sector about the future of regulation and oversight, we believe it is important to set out RCU’s position clearly.
Why Judicial Oversight Matters
We strongly support the continued involvement of the judiciary in approving enforcement agent certificates. The requirement for judicial sign-off provides a vital layer of reassurance, both to the public and to the sector itself, that those authorised to carry out enforcement are fit and proper individuals.
This judicial link lends credibility to enforcement agents operating under the Tribunals, Courts and Enforcement Act 2007. It signals that the role carries the weight of judicial scrutiny, not merely administrative approval. In a sector where public perception matters deeply, that distinction is significant.
Recognising Current Standards
We want to be clear: the current framework works. The consistently high standards demonstrated by Certificated Enforcement Agents across England and Wales reflect the effectiveness of the existing judicial scrutiny system. The professionalism, accountability, and adherence to both legal and ethical obligations that we see from the vast majority of practitioners is a credit to the process that authorises them.
This is not a call for change born from failure. It is a recognition that what works well today should be preserved and strengthened for the future.
The Recruitment Challenge
The enforcement sector faces well-documented recruitment challenges. Attracting qualified, capable individuals to the role of enforcement agent requires that the profession is seen as credible, well-regulated, and respected. Maintaining the judicial link in the certification process directly supports that perception. It reinforces the message that this is a serious profession with serious oversight, not a role that anyone can walk into without scrutiny.
Our Specific Endorsements
RCU’s position on the mechanics of certification can be summarised in four points.
Biennial renewal. We fully endorse the requirement for enforcement agent certificates to be renewed every two years. Regular renewal ensures that agents remain accountable and that any changes in their fitness to practise are assessed at reasonable intervals.
Public listing. We support the public listing of all certificated enforcement agents. Transparency is fundamental to public trust. Anyone affected by enforcement action should be able to verify that the agent acting on a case is properly authorised.
Clear judicial guidance. We advocate for clear, detailed guidance to be provided to District Judges who oversee the certification process. Consistency in how applications are assessed is essential to maintaining the integrity of the system across different court circuits.
Continued judicial stewardship. District Judges and the Lord Chancellor, acting through the Senior Master, should continue to lead and control the certification and authorisation of enforcement agents. This judicial stewardship reinforces the seriousness of the role and supports public confidence in the rule of law.
Looking Ahead: A Statutory Register
While we are clear in our support for the current judicial framework, we also believe the sector should be looking ahead. There is a compelling case for a statutory regulator to administer an updated Certificated Enforcement Agent Register, managed in coordination with HMCTS.
Under such a model, new and renewed certificates would be promptly notified to the regulator by HMCTS, enabling real-time updates to the register. This would improve transparency, support compliance monitoring, and provide a single authoritative source of information about who is authorised to carry out enforcement in England and Wales.
This is not a replacement for judicial oversight; it is a complement to it. The judiciary would retain its role in approving certificates. The statutory register would ensure that the information flowing from those approvals is captured, maintained, and made accessible in a way that meets modern expectations.
Our Commitment
RCU operates within the enforcement ecosystem every day. We work with creditors, legal professionals, and enforcement agents across our national Partner Panel. The standards we advocate for in public are the same standards we apply within our own service. Certification matters because the people carrying out enforcement on behalf of creditors, and on behalf of the justice system, must be worthy of the authority they exercise.
We will continue to engage with policymakers, industry bodies, and fellow practitioners on these issues as the discussion around statutory regulation develops.