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How can I complain about The Insolvency Service? This procedure is set out in our leaflet 'Complaints Procedure' which can be found on our website at www.insolvency.gov.uk in the Publications Section. Basically the procedure is as follows: You may be able to resolve the complaint by taking it up immediately with the individual with whom you have been dealing, or with their immediate manager. If you cannot resolve the problem there and then, you can write to: the local official receiver; or the Redundancy Payments Office manager; or in the case of Corporate and Business Services (CBS), the section head. Alternatively, register a complaint online via our website at http://www.insolvency.gov.uk/complaintform.htm If you are not satisfied with the initial response to your complaint, you should write to: the regional director responsible for the official receiver; or the director of the redundancy payments office; or the director for the CBS section involved. If you remain dissatisfied with the response from the regional or director, you can ask the Adjudicator to look into your complaint. You can contact the Adjudicator at: The
Adjudicator’s Office Telephone: 0300 057 1111 or 020 7667 1832 Fax: 0300 057 1212 or 020 7667 1830 The Adjudicator's Office is the final place to contact when all the other avenues have failed and there are certain complaints that the Adjudicator's Office does not look at. For more information about the role of The Adjudicator's Office, and the types of complaints it does and does not look at, you can ask for its booklet A06 or visit its website at www.adjudicatorsoffice.gov.uk. How can I complain about an Insolvency Practitioner? This procedure is set out in our leaflet 'How to make a complaint against an insolvency practitioner’ which can be found on our website at www.insolvency.gov.uk in the Publications Section. If you consider that an insolvency practitioner is acting unprofessionally, improperly or unethically, you can make a complaint to the appropriate authorising body. The authorising body 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. On our website at www.insolvency.gov.uk, you will find a searchable IP database, which will provide details of an IP's licensing body. 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, as follows: COMPANIES In a company voluntary arrangement, under section 7(3) of the Insolvency Act 1986, if any person is dissatisfied by any act, omission or decision of the supervisor, he/she may apply to court, who can confirm, reverse or modify any act or decision, give the supervisor directions, or make such order as it thinks fit. In administration proceedings, under Schedule B1 paragraph 74 of the Insolvency Act 1986, a creditor or shareholder can apply to court on the grounds that: (a) the administrator is acting or has acted so as unfairly to harm the interests of the applicant (whether alone or in common with some or all other members or creditors), or (b) the administrator proposes to act in a way which would unfairly harm the interests of the applicant (whether alone or in common with some or all other members or creditors). A creditor or member of a company in administration may apply to the court claiming that the administrator is not performing his functions as quickly or as efficiently as is reasonably practicable. (3) The court may— (a) grant relief; (b) dismiss the application; (c) adjourn the hearing conditionally or unconditionally; (d) make an interim order; (e) make any other order it thinks appropriate. In a voluntary liquidation, the liquidator, shareholder or creditor may apply to the court to determine any question arising in the liquidation. Therefore, if a creditor was unhappy with a liquidator's actions or decision, they could apply to court. In a compulsory liquidation, if any person is unhappy with any act or decision of a liquidator, under section 168(5) of the Insolvency Act 1986, they can apply to the court, who can confirm, reverse or modify the act or decision complained of, or make such order as it sees fit. There are no similar statutory provisions for administrative receivership. INDIVIDUALS In the case of bankruptcy, under section 303(1) of the Insolvency Act 1986, if the bankrupt, a creditor or anyone else is dissatisfied by any act, omission or decision of a trustee in bankruptcy, they can apply to court, who can confirm, reverse or modify any act or decision of the trustee, may give him directions, or make such order as it thinks fit. In an individual voluntary arrangement, under section 263(3) of the Insolvency Act 1986, if any person is dissatisfied by any act, omission or decision of the supervisor, they may apply to court, who can confirm, reverse or modify any act or decision, give the supervisor directions, or make such order as it thinks fit. |