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 Complaints Performance Data

Complaints received in 2004-2005

In 2004-2005 The Service received 372 new complaints an increase of 2 complaints on the 2003-04 figure of 370. 

The Service found 94 (25.3%) complaints to be justified in whole or part against 119 (32.2%) in 2003-04. 

326 (87.6%) complaints received in 2004-05 were answered within 10 working days, against a target of 90% and compared with 309 (83.5%) in the previous year. 

To assist us in our aim of improving our services to our users we analyse complaints received to ensure that we address any recurring problems. Complaints are therefore categorised into one of five specific areas. 

1.         Efficiency of Service;
2.         Quality of Service;
3.         Insolvency Legislation;
4.         Complaints about third parties; and
5.         Other 

Number of Justified complaints in each recording category 

Nature of Complaint

Viewed as Justified

Viewed as non-justified

Total

Efficiency

16 (57%) 

12 (43%)

28 (100%)

Quality

69 (30%) 

160 (70%)

229 (100%)

Legislation*

0 (0%) 

76 (100%)

76 (100%)

Third Party

4 (12%) 

30 (88%)

34

Other

5 (100%) 

0 (0%)

5 (100%)

Total 

94 (25%) 

278 (75%) 

372 (100%) 

*Note: All complaints received about insolvency legislation are formally recorded as non-justified, as The Service is bound to operate under current legislation.

The Adjudicator’s Office – Independent Complaints Adjudication.

During the year The Adjudicator’s Office has taken on 11 complaints for investigation, which is in line with the 10 complaints taken on for investigation in 2003-04 being the first year that The Adjudicator has investigated complaints about The Insolvency Service.

The Adjudicator concluded its investigation in 14 of which 7 complaints were not upheld, 6 complaints were partly upheld and one was withdrawn.

The Service fully accepted the recommended form of redress suggested by The Adjudicator in relation to the 6 complaints that were partly upheld and made payments totalling £75 to complainants as a recognition of the worry and distress caused.

As a result of investigations conducted by The Adjudicator’s Office the Insolvency Service agreed to:

Issue a letter to all bankrupts whose properties remained on the Protracted Realisations Register as an asset of their estate in bankruptcy setting out the options available to them before action would be taken to realise this interest. Often bankrupts incorrectly believed that the Official Receiver no longer maintained an interest in their home as they had gained discharge from the proceedings.

This letter:

  • fully appraised them of the current position

  • reminded them why the property  remained  as an asset in their bankruptcy estate

  • detailed the options that were available to them and

  • gave them a 6-week period of time to consider these options before seeking the appointment of an Insolvency Practitioner

This information gave former bankrupts the chance to consider fully the options available to them and sought to minimise the costs associated with the appointment of an insolvency practitioner, should the former bankrupt choose, belatedly, to seek an annulment of the bankruptcy order, or attempt to raise funds to buy out the trustee's interest in the property.

We have also agreed to issue a copy of our information leaflet ‘What will happen to my Home’ to all bankrupts upon the making of a bankruptcy order. Previously we only provided a copy of this leaflet to bankrupts who informed us that they had an interest in a property.  

Changes resulting from your feedback

During this year various improvements have been made as a result of feedback received by The Service, either by way of complaints, surveys, customer comments cards or through user groups.

Listed below are some of the main examples of how we have responded positively to feedback received in an aim to improve the overall service that we deliver to you.

  • Included details about the provisions of Section 303 of the Insolvency Act 1986 in our publication ‘A Guide to Bankruptcy’