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to make a complaint against an Insolvency Practitioner - URN 11/792 1. Who is an insolvency practitioner A person who acts as a liquidator; administrative receiver; administrator; trustee in bankruptcy; trustee in the sequestration of an estate; trustee under a deed of arrangement or in Scotland a trustee under a trust deed; or, under a voluntary arrangement, a nominee or supervisor must be authorised to act as an insolvency practitioner. The authorisation process was introduced in Great Britain in 1986 to ensure the suitability of those who are authorised to act as insolvency practitioners. Authorisation may be made by the Secretary of State for Business, Innovation and Skills (BIS), or in Northern Ireland the Department of Enterprise Trade & Investment (DETI) directly, or by one of seven professional bodies (the RPBs) (listed in paragraph 12) recognised by the Secretary of State as being competent to do so. Each authorising body is required to have proper procedures in place to ensure that complaints against those insolvency practitioners it authorises are investigated.
2. Duties of an insolvency practitioner In carrying out their duties, insolvency practitioners must comply with several statutory requirements. They must also comply with professional standards agreed by all of the authorising bodies, which are known as Statements of Insolvency Practice and ethical guidance. If you consider that an insolvency practitioner is acting unprofessionally, improperly or unethically, you can make a complaint to the appropriate authorising body. However, it must be stressed that the Secretary of State; DETI or the RPB cannot intervene directly in individual insolvencies; nor can they give directions in relation to the conduct of individual cases, or reverse or modify a decision of an insolvency practitioner. Insolvency, by its very nature, deals with a number of competing interests, most notably between the insolvent person and his or her creditors. Ultimately, commercial and other disputes may only be resolved by the courts, and the authorising body's disciplinary procedures should not be regarded as an alternative to the powers available to individuals under the Insolvency Act 1986 or otherwise.
3. First step If you are unhappy about the conduct of an insolvency practitioner, you may first be able to resolve your complaint by taking it up with the insolvency practitioner concerned. The insolvency practitioner is the person who is in charge of the insolvency case. So complaints against a case administrator or a case manager, for instance, should be taken up with the relevant insolvency practitioner.
4. Second step If you remain dissatisfied, please remember that complaints about the professional conduct of an insolvency practitioner should be considered by the relevant authorising body. Therefore, the next step in making a complaint is to identify the appropriate body. All insolvency practitioners are required to provide details of their authorising body in their correspondence However, you can find also find this information:
If you are not sure who is acting as the insolvency practitioner for a particular case, you will need to supply the full name of the insolvency case when making your enquiry.
5. How do I make a complaint about an insolvency practitioner authorised by one of the seven professional bodies? You should contact the relevant body. Each body will have its own complaints procedure and will explain how to make a complaint. The seven professional bodies are listed in paragraph 12. We take steps to ensure that each of the professional bodies has a proper complaints procedure in force and that it complies with it. If you are dissatisfied with the outcome of the RPB’s handling of your complaint you may refer your concerns to IPPS – see paragraph 9 However, neither the Secretary of State nor The Insolvency Service has the power to either review a professional body’s decision or over rule the decision of the professional body in relation to individual complaints.
6. How do I make a complaint about an insolvency practitioner authorised by DETI If your complaint concerns an insolvency practitioner authorised by DETI you should write to: Insolvency
Practitioner Unit Alternatively you may e-mail details of your complaint to the Unit’s manager, Mr Tom Roulston, at : insolvency@detini.gov.uk
7. How do I make a complaint about an insolvency practitioner authorised by the Secretary of State? If your complaint
concerns an insolvency practitioner authorised by the Secretary of State,
you should write to: E-mail: IPU.Email@insolvency.gsi.gov.uk
7.1. What should I include in my letter of complaint? To help us deal with your complaint, you should include as much of the following as possible:
7.2. What can I expect? We will reply to your complaint within 15 working days of receipt, setting out how we propose to deal with the matter. Our reply will also state the name and telephone number of the person dealing with your complaint. If we cannot reply within this time, we will send an interim reply within five working days. It will tell you when you can expect a full reply. Generally, after receiving and acknowledging your complaint, we will contact the insolvency practitioner concerned, to seek information and an explanation. Often, we will then need to explore further issues with the insolvency practitioner, which can take time. However, as soon as possible after acknowledging your complaint, we will write to you setting out the insolvency practitioner's explanation and our comments on your complaint. We will also ask for your views. The Secretary of State has no power to order the practitioner to pay compensation if a complaint is upheld. However, we will encourage the insolvency practitioner to resolve the complaint where possible. We will also work with insolvency practitioners to alter their procedures and practices where we consider it appropriate. If your complaint is found to be justified, the Secretary of State will consider whether it is so serious as to require the removal of the insolvency practitioner's authorisation.
8. What if my complaint is not about the insolvency practitioner? (i) As indicated in paragraph 3, you should complain to the insolvency practitioner about a case administrator or a case manager. If the matter is not resolved to your satisfaction you may refer the complaint to the insolvency practitioner's authorising body. (ii) If you are concerned about the conduct of a bankrupt or director, you should contact the relevant official receiver (or the insolvency practitioner, if one has been appointed). He or she will consider whether further investigation or action is appropriate. (iii) Alternatively, you can register concerns about the actions of disqualified directors, undischarged bankrupts or individuals subject to a bankruptcy restrictions order or undertaking which you feel could directly contravene any restrictions imposed on them by calling the Enforcement Hotline on 0845 601 3546 (calls charged at a local rate). The Hotline is open 24 hours a day to take your call, and you can find out more about it on our website at: www.insolvency.gov.uk/doitonline/enforcementhotline.htm Again, we will consider whether a full investigation is appropriate. (iv) If you are unhappy about any omission or decision by an insolvency practitioner, you will probably need to approach the court that is dealing with the case. Only the court has the power to reverse or modify the insolvency practitioner's decision, or to give directions in a particular case. However, you are advised to first seek your own independent legal advice about the remedies available to you. (v) If you want to complain about insolvency legislation, or about any particular government policy, you can write to the relevant Minister or your local MP. You can find their details on the House of Commons website at: www.parliament.uk/directories/hciolists/alms.cfm. If you do not have access to the internet your local library or Citizens Advice Bureau should be able to help you to identify the relevant Minister or your local MP. (vi) If you want to complain about a court order - for example, you do not think the court should have made you bankrupt - you should approach the court direct. You are again advised to seek your own independent legal advice about the remedies available to you.
9. Users' views One of the best ways of continuing to improve our service is by listening and responding to your views. As well as learning from your complaints, we welcome comments or suggestions on how we can improve. Equally, we would like you to tell us when we get it right, so that we can maintain our good practices. Please send any comments to: Insolvency
Practitioner Policy Section E-mail: IPPolicy.Section@insolvency.gsi.gov.uk
10. Further information "The Insolvency Service Charter" details the standards of service you can expect from us. "A Guide to the Insolvency Service" provides background information on our work, including that of the official receivers. Both of these publications and a selection of others appear on our website www.insolvency.gov.uk You may contact The Insolvency Service Insolvency Enquiry Line for general enquiries on insolvency matters on 0845 602 9848; or email: Insolvency.Enquiryline@insolvency.gsi.gov.uk
11. Other Bodies with an interest in insolvency standards The Insolvency Practices Council The Council was formed in 2000 and its remit is to keep under review the appropriateness of the ethical and professional standards of insolvency practitioners, having regard to the public interest in insolvency regulation. The Council welcomes information and concerns on insolvency matters from the public, those affected by insolvency and, particularly from debtors and creditors. Areas of concern will be considered and, if appropriate, recommendations will be made to the Recognised Professional Bodies for change. The Council is not an Ombudsman, and is not in a position to investigate individual cases. Contact can be made to: The Secretary, Insolvency Practices Council, PO Box 698, Godalming, GU7 9AR Tel: 01483 424311 E-mail: secretary@insolvencypractices.org.uk
12. Recognised Professional Bodies The seven professional bodies recognised by the Secretary of State to authorise practitioners are as follows: Institute of
Chartered Accountants in England & Wales
Tel:01908 248100 Fax: 01908 248088
Insolvency Practitioners Association Head of Regulatory
Operations Tel 020 7623 5108 Fax: 020 7623 5127
Association of Chartered Certified Accountants Professional Conduct
Department Tel: 020 7059 5917 Fax: 020 7059 6858
Institute of Chartered Accountants of Scotland CA House, Tel: 0131 347 0100 Fax: 0131 347 0105
Chartered Accountants Ireland Chartered Accountants
Regulatory Board Tel: 028 9032 1600 Fax: 028 9023 0071
Law Society Education and Policy
Unit Ipsley Court Tel: 01926 820082 Fax: 01926 431435
Law Society of Scotland The Law Society's
Hall Tel: 0131 226 7411 Fax: 0131 225 2934 This booklet provides general information only. Every effort has been made to ensure that the information is accurate, but it is not a full and authoritative statement of the law and you should not rely on it as such. The Insolvency Service cannot accept any responsibility for any errors or omissions as a result of negligence or otherwise.
© Crown copyright 2011. March 2011 |
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