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Bailiffs and Mental Health: Protections and Support

Bailiffs and creditors must take your mental health into account, and you can ask them to pause, take the debt back, or use crisis Breathing Space.

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If you have a mental health condition, bailiffs and the creditor they work for must take it into account. Under the government's National Standards, people in vulnerable situations should be identified and protected, and the creditor can pause enforcement or take the debt back. If you are receiving mental health crisis treatment, you may also qualify for Mental Health Crisis Breathing Space, which stops bailiff action for the length of your treatment plus 30 days.

This guide covers England and Wales. If you are in crisis right now, please see the support section at the end first.

Bailiffs, debt and your mental health

Debt and mental health are closely linked. Worry about money can affect your sleep, mood and relationships, and a mental health problem can make it harder to open letters, make calls or keep track of bills. None of this is a personal failing, and it is very common.

The good news is that the system recognises this. You have a right to be treated fairly, to take time to get help, and to ask for adjustments. Letting the right people know about your situation can change how your case is handled.

Are people with mental health problems treated as vulnerable?

They can be. The National Standards for enforcement agents say that bailiffs, bailiff companies and creditors all have a role in protecting people who are vulnerable. The standards list examples of people who may be vulnerable, including those who are seriously ill, disabled, elderly, recently bereaved, pregnant, or who have difficulty with English. Citizens Advice and National Debtline both include mental health problems as a reason you may be vulnerable.

Vulnerability is not a fixed label. It depends on your circumstances and how they affect your ability to deal with the debt. You do not need a formal diagnosis to ask for help, although evidence makes it easier for others to act.

What the creditor and bailiff should do

  • Creditors should think about whether it is appropriate to send someone in a vulnerable situation to bailiffs at all, and should be ready to take control of the case back at any time.
  • Bailiffs must tell the creditor if they have concerns about a person's vulnerability.
  • A bailiff must withdraw from your home if the only person present is, or appears to be, vulnerable, or under 16.
  • Before you sign a controlled goods agreement, the bailiff must be sure you understand it and what happens if you cannot keep to it.

The Enforcement Conduct Board, which oversees bailiff firms, has published new Vulnerability and Ability to Pay Standards. They are due to take effect in January 2027 and aim to improve how firms spot vulnerability and make sure payment plans are safe and affordable.

Key point: telling the bailiff company and the creditor about your mental health does not make the debt disappear, but it can lead to a pause in enforcement, the debt being returned to the creditor, more time, or a more affordable plan. It is almost always worth doing.

How to tell the bailiff company about your mental health

Most large bailiff firms have a welfare or vulnerability team. You can ask to be put through to them. You can also ask a friend, family member, carer or debt adviser to contact them for you, with your permission.

  1. Tell them as early as you can, ideally when you get the notice of enforcement. You now get at least 14 clear days before a first visit, and a debt adviser can ask for this to be extended to 28 days for most personal debts.
  2. Put it in writing. Email or write to the bailiff company, quoting your reference number. Say briefly how your mental health affects you and what would help, for example contact by email only, more time, or someone else speaking for you.
  3. Tell the creditor too. Send the same letter to the council or other creditor. Ask them to put the case on hold or take it back from the bailiffs.
  4. Send evidence if you have it (see below), or say that you are getting it.
  5. Keep copies of everything you send and a note of any calls.

National Debtline has a sample letter you can use to explain your circumstances. If you are dealing with a particular firm, our bailiff company guides list how to reach them.

What evidence helps?

Evidence is not always required, but it helps creditors and bailiff firms act. Useful evidence can include:

  • A letter from your GP, psychiatrist, community mental health team or social worker.
  • The Debt and Mental Health Evidence Form (DMHEF). This is a standard form, now in its fourth version, that a health or social care professional completes to explain how your mental health affects your ability to manage debt. Creditors widely recognise it. A debt adviser can usually help you arrange it. In England, GPs should not charge for completing it. You can find out more from StepChange's DMHEF guide.
  • Letters showing benefits you receive because of your health, such as Personal Independence Payment.

Asking for the debt to be returned to the creditor

If bailiff action is causing you serious distress, you can ask the creditor to take the debt back, sometimes called "return to client". Councils in particular can collect council tax arrears in other ways, such as deductions from benefits or wages. Explain why bailiff action is harmful for you, include your evidence, and suggest an affordable way forward.

If you have very little money or few belongings, say so. It may not be worth the creditor continuing with bailiffs. See what happens if you have nothing for bailiffs to take.

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Mental Health Crisis Breathing Space

Mental Health Crisis Breathing Space is a government scheme that gives stronger protection from creditors to people receiving mental health crisis treatment. During it, creditors must stop most enforcement action on the debts included, and bailiffs must not visit or take goods for those debts. Interest and charges are also frozen.

  • It is available if an Approved Mental Health Professional (AMHP) certifies that you are receiving mental health crisis treatment. This can include being detained in hospital under the Mental Health Act, or receiving crisis care from specialist mental health services.
  • It lasts for as long as your crisis treatment continues, plus 30 days, however long the treatment lasts.
  • Unlike the standard 60-day Breathing Space, it is not limited to once every 12 months.
  • A debt adviser starts it, after getting the AMHP's evidence. A carer, family member, mental health professional or other representative can apply on your behalf.
  • Some debts, such as court fines, child maintenance and student loans, are not covered.

The GOV.UK Breathing Space guidance has full details. If you are not in crisis treatment, the standard Breathing Space may still give you 60 days to get advice.

Support for carers and family members

If you care for someone with a mental health condition, you can help them deal with bailiffs, with their permission. It helps to:

  • Ask the bailiff company and creditor to record you as a contact or third party, so they can talk to you.
  • Remember that bailiffs must withdraw if the only person at home is, or appears to be, vulnerable.
  • Keep the door closed and speak through it or by phone. For most debts, bailiffs cannot force entry. See can bailiffs force entry.
  • Check whether your household's belongings are protected. Items owned by someone other than the person who owes the debt should not be taken.

If a bailiff does not respect someone's vulnerability, you can complain, first to the bailiff company and then to the creditor or the Enforcement Conduct Board. See your rights when dealing with bailiffs.

Longer-term options

Once the immediate pressure is off, it can help to look at your debts as a whole. Options include a payment plan, a Debt Management Plan, a Debt Relief Order, an IVA or bankruptcy. Some of these legally stop included creditors using bailiffs; a Debt Management Plan does not. Our guide on how to stop bailiffs compares them. There is no need to decide anything quickly, and a good adviser will go at your pace.

Where to get support with your mental health

  • Samaritans: free, any time, day or night, on 116 123.
  • Your GP or mental health team: they can support you and may help with evidence for creditors.
  • NHS 111: for urgent mental health help in England and Wales.
  • Mind: the mental health charity has information on money and mental health.
  • If you are in immediate danger, call 999.

Common questions

Do bailiffs have to consider mental health? +

Yes. The National Standards for enforcement agents say bailiffs, bailiff firms and creditors all have a role in protecting people in vulnerable situations. A mental health condition can make you vulnerable. Bailiffs should tell the creditor about concerns, must withdraw if the only person at home appears vulnerable, and creditors should be ready to take the case back.

Can bailiffs visit a vulnerable adult? +

Bailiffs can still be instructed, but they must take extra care. Under the National Standards, an enforcement agent must withdraw from a home if the only person present is, or appears to be, vulnerable or under 16. It is best to tell the bailiff company and the creditor about the vulnerability in writing before any visit, so they can adjust how they handle the case.

What should I put in a letter to bailiffs about my mental health? +

Include your reference number, a brief explanation of your condition and how it affects your ability to deal with the debt, and what would help, such as more time, contact in writing only or pausing enforcement. Ask the creditor to consider taking the debt back. Attach any evidence, such as a GP letter or Debt and Mental Health Evidence Form. National Debtline has a sample letter.

What is Mental Health Crisis Breathing Space? +

It is a government scheme for people receiving mental health crisis treatment, certified by an Approved Mental Health Professional. Creditors must pause most enforcement, including bailiffs, and freeze interest and charges on included debts. It lasts for the length of the crisis treatment plus 30 days and is not limited to once a year. A debt adviser sets it up.

What is the Debt and Mental Health Evidence Form? +

The DMHEF is a standard form, now in its fourth version, completed by a health or social care professional such as a GP, nurse or social worker. It explains to creditors how your mental health affects your ability to deal with debt. Creditors widely recognise it. In England, GPs should not charge to complete it. A debt adviser can help you use it.

Can I ask for a council tax debt to be taken back from bailiffs? +

Yes. You can ask the council to recall the debt from the bailiff company because of your mental health. Explain how bailiff action is affecting you, include any evidence, and offer an affordable way to pay if you can. Councils can collect arrears in other ways, such as deductions from benefits or wages, and should take vulnerability into account.

Free, independent debt advice is also available from MoneyHelper, StepChange, National Debtline and Citizens Advice.