What happens if you have a 12 year old autistic child present when the bailiffs call to seize goods?

The bailiff may continue with enforcement, because there is a responsible adult present, but with exceptions.

The regulations and guidelines protecting vulnerable people only applies to vulnerable debtors.^[1]

Bailiffs should be aware that vulnerability may not be immediately obvious.^[2]

When the debtor is a child under 16,^[3][4] the bailiff may not take control of the debtors goods, but he can enquire about when the debtor will return.

If the Autistic child is alone, or appears to be under the age of 12 when the bailiff calls, the bailiff should withdraw from the property without making any enquiries.^[5]

If the debtor, looking after the autistic child is not working, unemployed, they are in a class of vulnerable debtors.^[6] and the bailiff must withdraw from the property, because the fees for the enforcement and any disbursements are not recoverable unless the bailiff has given the debtor the opportunity to get assistance and advice in relation to the exercise of the enforcement power.^[7]

If the bailiff fails to withdraw from the property to give the debtor an adequate opportunity to get advice about the enforcement power, the debtor may apply for a detailed assessment hearing to dispute the bailiffs fees and charges,^[8] and may recover them with costs.^{[9][10][11][12][[13]}

It doesn’t matter if the bailiff has already taken the money, the debtor may still apply to recover them, provided the debtor can explain the reason for the delay in bringing the application, but in a any case, the application cannot be brought after 6 years from the date the money was taken,^[14} unless a fraud or a mistake can be shown.^[15]

^{[1] See Bailiffs and enforcement against vulnerable people
[2] Paragraph 76 of the Taking Control of Goods: National Standards, April 2014
[3] Regulation 2 of the Taking Control of Goods Regulations 2013
[4] Regulation 10(1)(a) of the Taking Control of Goods Regulations 2013
[5] Paragraph 73 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[6] Paragraph 77 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[7] Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014
[8] Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014
[9] Civil Procedure Rule 84.16
[10] Civil Procedure Rule 46.5
[11] Practice Direction 46.5 Rule 3.1
[12] Civil Procedure Rule 44.2
[13] See Disputing bailiffs fees
[14] Section 2 of the Limitation Act 1980
[15] Section 32 of the Limitation Act 1980}