The monthly round-up of news, guidance, legislation, and case law from Shelter's Specialist Debt Advice Service.
News and legal updates
This month's legal round up includes updated DRO guidance on PARV orders, a consultation on modernising council tax, a consultation on statutory enforcement sector regulation, the Government’s response on its Taking Control of Goods regulations consultation, and MaPS Debt Adviser Panel recruitment.
Persons at Risk of Violence and change of address
A client can apply for a Persons at Risk of Violence (PARV) order to withhold their address details from the public insolvency register.
A PARV application should normally be made before a DRO application is submitted. This offers an important protection because the client can choose not to go ahead with a DRO if the court refuses the application.
Where a client who already has a PARV order in place moves address during their DRO moratorium, previous versions of the DRO Guidance suggested that they would need to apply for a new PARV order showing the new address.
The DRO Team has confirmed that this is not necessary and have removed this from the DRO Guidance. Individuals in a DRO with a PARV order in place do not need to obtain a new one if they move address.
Where a client who does not have a PARV order in place moves during their DRO moratorium and needs to withhold the new address, they will need to obtain a PARV order for that address.
Modernisation of council tax – consultation
The government has published a consultation seeking views on policies to improve the administration of council tax. For example, changing the ways council tax is billed, collected and enforced. The consultation also seeks views on:
how it can modernise council tax disregards
changing the outdated definition of ‘severe mental impairment’
improving how councils communicate council tax information
increasing the time before councils can request a full bill and capping liability order costs
The consultation will end on 12 September 2025.
Council tax modernisation consultation
Regulation of the debt enforcement sector consultation
The Ministry of Justice (MoJ) has published a consultation inviting views on how to ensure that there is independent oversight of enforcement agent firms.
Most of the private enforcement sector (96%) has signed up voluntarily to the Enforcement Conduct Board’s accreditation scheme. However, the Government’s main aim is to consider what role an independent statutory regulator could have to ensure full regulatory coverage of the enforcement sector. This includes:
the different responsibilities and powers it should be given
how the regulator should work with other regulatory bodies including the Government
to explore how a regulator should be funded, and held accountable to the Government and Parliament
The consultation will be open between 9 June 2025 and 21 July 2025.
Regulation of the debt enforcement sector consultation
Ministry of Justice response to Taking Control of Goods Regulations consultation
The MoJ has published its response to the 2023 consultation on amending the regulations that govern fee recovery for enforcement agents and High Court Enforcement Officers (HCEOs). The regulations in question include the Taking Control of Goods Regulations 2013, and the Taking Control of Goods (Fees) Regulations 2014.
The response includes proposals to extend enforcement notice periods and allow for payment by instalments at the compliance stage. These measures aim to give individuals more time and affordable options to settle their debts early, while ensuring that enforcement practitioners receive fair remuneration and the sector remains sustainable. Fees that may be charged are to be increased by 5%. The new charges are set out in Appendix B.
The document also updates the Enforcement Agent Fee Review from 2023 by summarising stakeholder responses and answering specific consultation questions. The government plans to implement these changes through a Statutory Instrument in Parliament as soon as parliamentary time permits.
Taking control of goods regulations consultation
Expert Debt Adviser Panel recruitment
The Money and Pensions Service (MaPS) is working with the IMA to recruit and select debt advisers to join the MaPS Debt Adviser Panel.
The aim of the panel is to provide feedback and insight on current and emerging issues from the frontline and to bring the voices of debt advisers closer to the decision making at MaPS. Specific topics could include:
debt adviser wellbeing
pain points in the advice process
working with different creditor sectors
If you are interested in being part of the panel, please complete the MaPS survey. The application window will close in September 2025.
Case law
Find debt case law summaries by topic on Shelter Legal.
Forbes v Interbay Funding Ltd
The Court of Appeal has held that the sum of the mortgage principal is not an eligible debt for a mental health crisis or breathing space moratorium.
Read the summary of Forbes v Interbay Funding Ltd on Shelter Legal.
Spotlight
This month's article from Shelter's Specialist Debt Advice Service.
Preventing enforcement of a charging order
The court can set conditions for payment of the debt or delay enforcement of a charging order until a specified date. Our new Shelter Legal content explains the initial objections a client can make to a charging order and how to vary an existing charging order.
Read Preventing enforcement of a charging order on Shelter Legal.