Complain against an insolvency practitioner or the Insolvency Service
How to make a formal complaint against The Insolvency Service if you are unhappy with the service received.
The Insolvency Service is responsible for administering and investigating the affairs of partnerships and companies wound up by the High Court as well as those of bankrupt individuals. It is also responsible for investigating the conduct of directors in failed companies and, where appropriate, taking disqualification proceedings.
If you are not happy with the way the Insolvency Service handled your case or are dissatisfied with the services you received, you should submit a formal complaint to the Insolvency Service. If they fail to resolve your complaint sufficiently, you may be able to make a formal complaint to the relevant complaints commissioner. See complaints against the Insolvency Service.
You can also make a formal complaint if you are not happy about the conduct of an insolvency practitioner (IP) - either directly to the IP concerned, or to the appropriate authorising body.
This guide explains the complaints process for both the Insolvency Service and an IP.
Complaints against the Insolvency Service
How to complain about The Insolvency Service, who to complain to and what you should include in your complaint.
You should inform the Insolvency Service if you are dissatisfied with the service you receive from them. They will then try to resolve your complaint and ensure it does not recur.
Steps in resolving your complaint
You may be able to resolve a complaint by taking it up immediately with the individual you have been dealing with, or with their immediate manager.
If you cannot resolve the problem there and then you should contact the Customer Relations Officer.
You can also register a complaint by phone, although you may have to set out the details of your complaint in writing.
You can contact the Customer Relations Officer by calling the Insolvency Service on Tel 028 9054 8531. Alternatively, you can email insolvency@economy-ni.gov.uk.
What will happen next?
The Customer Relations Officer will investigate your complaint and will give you a full reply within 10 working days. If that is not possible he/she will issue a letter to you explaining why and stating when he/she will send a full reply.
Dealing with unresolved Insolvency Service complaints after the initial response
What to do if your complaint is unresolved and how to complain.
If you have informed the Insolvency Service that you are dissatisfied with its service and remain dissatisfied after you receive the initial response to your complaint, you should write to the Director of the Insolvency Service, Mr Richard Monds.
Mr Richard Monds
The Insolvency Service
Fermanagh House
Ormeau Avenue
Belfast
BT2 8NJ
Tel No: 028 9054 8531
Email: insolvency@economy-ni.gov.uk
Taking your case to the Ombudsman
What the Parliamentary Ombudsman is responsible for, what they can do, and how to contact them.
If you remain dissatisfied you can refer your complaint to the Northern Ireland Public Services Ombudsman (NIPSO). If you do wish to make a complaint, this should be done within 6 months.
The Ombudsman can only enquire into the administrative functions undertaken by staff in their dealings with you. The Ombudsman cannot investigate how a decision was made in a bankruptcy or liquidation, as this would be a matter to be determined by the High Court.
You may contact the Ombudsman at:
Freepost NIPSO or The Northern Ireland Public Services Ombudsman
Progressive House
33 Wellington Place
Belfast
BT1 6HN
Telephone: 028 9023 3821 or Freephone: 0800 343 424
Text Phone: 028 9089 7789
Email: nipso@nipso.org.uk
or by calling, between 9am and 5pm, Monday to Friday at the above address.
How the Insolvency Service responds to complaints
Receiving written statements of apology, claiming back your costs or damages, and other types of complaint.
If the Insolvency Service agrees with your complaint and admits to the error, you can expect any - or a combination - of the following written statements:
- an apology
- an explanation
- assurance that the error will not happen again
- details of actions taken to put things right
How to complain about an insolvency practitioner
How to complain about an insolvency practitioner, who to complain to, and what you should include in your complaint.
Whether you are a creditor or debtor, you may need an insolvency practitioner (IP) to act as:
- a trustee in bankruptcy
- an administrator of a deceased insolvent estate
- a liquidator
- a provisional liquidator
- an administrator
- an administrative receiver
- a nominee or supervisor of a voluntary arrangement
- a trustee of a partnership
A person who acts as a liquidator, trustee in bankruptcy, administrative receiver, administrator or supervisor under a voluntary arrangement must be authorised to act as an IP. The authorisation process was introduced to ensure the suitability of those who are authorised to act as IPs.
Authorisation may be made by one of five professional bodies recognised by the Department for the Economy (DfE) as being competent to do so.
In carrying out their duties, IPs must comply with several statutory requirements and follow best practice and ethical guidance.
If you are unhappy with how an IP has carried out their services or duties, you should contact their authorising body. See what to consider before making a complaint.
What to consider before making a complaint
Details you should get from an insolvency practitioner prior to making a complaint and who you should complain to.
As a creditor or a debtor, if you are unhappy about the conduct of an insolvency practitioner (IP), you may first be able to resolve your complaint by taking it up with the IP concerned.
If you cannot resolve your complaint directly with the IP and you consider that they are acting 'unprofessionally, improperly or unethically', you can make a complaint to the appropriate authorising body or Complaints Gateway. For a full list and contact details of these bodies see the directory of authorised professional bodies.
An IP should give details of their authorising body on request. Alternatively, you can find this information:
- on the Insolvency Service's searchable database of IPs
- by calling the Insolvency Service on Tel 028 9054 8531
- by emailing the Insolvency Service at insolvency@economy-ni.gov.uk
- by writing to the Insolvency Practitioner Unit
You can write to the Insolvency Practitioner Unit at:
Insolvency Practitioner Unit
The Insolvency Service
Fermanagh House
Ormeau Avenue
Belfast
BT2 8NJ
If you are not sure who is acting as the IP for a particular case, you will need to supply the full name of the insolvency case when making your enquiry.
Limit of authorising bodies' powers
The Department for the Economy (DfE) or 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 the decision of an IP.
Insolvency deals with a number of competing interests, most notably between the insolvent party and their creditors. Ultimately, commercial and other disputes may only be resolved by the courts. The authorising body's disciplinary procedures should not be regarded as an alternative to the powers available to individuals under the Insolvency (Northern Ireland) Order 1989.
Complaints against case administrators or case managers
The IP is the person who is responsible for the insolvency case and the staff that run it. Therefore, complaints against a case administrator or a case manager, for example, should be taken up with the relevant IP.
How to make a complaint about an authorised insolvency practitioner
How to contact the Insolvency Practitioner Unit regarding complaints you may have about an insolvency practitioner.
To make a complaint about an insolvency practitioner (IP) authorised by a specific body, you should contact the relevant body. Each body will have its own complaints procedure and will explain how to make a complaint.
If the complaint relates to an Insolvency Practitioner authorised by the Law Society of Northern Ireland and insolvency procedures governed by Northern Ireland legislation, the complaint should be made to the Law Society Northern Ireland. The Law Society of Northern Ireland will have its own complaints procedure and will explain how to make a complaint.
The Insolvency Service takes steps to ensure that each of the professional bodies has a proper complaints procedure in force and that it complies with it. However, they have no power to review a professional body's decision and cannot substitute their judgment for that of the professional body in relation to individual complaints.
If the complaint relates to Insolvency procedures under the insolvency legislation of Great Britain and Northern Ireland and the Insolvency Practitioner is authorised by Chartered Accountants Ireland, Institute of Chartered Accountants in England & Wales, Institute of Chartered Accountants in Scotland, or the Insolvency Practitioners Association, the complaint should be made via the Complaints Gateway.
The Insolvency Service GB website provides guidance on how to complain about an insolvency practitioner.
What Complaints will the Gateway deal with?
The Gateway will deal with: complaints about an insolvency practitioner who has been formally appointed as office holder and also about work that may lead to an insolvency appointment.
The Gateway will not deal with: complaints about insolvency practitioners licensed by the Law Society of Northern Ireland.
Gateway Contact Details
Email: insolvency.enquiryline@insolvency.gov.uk
Post: The Insolvency Service
IP Complaints
3rd Floor
1 City Walk
Leeds
LS11 9DA
Telephone: 0300 6780015
Directory of authorised professional bodies
Contact details of authorised professional bodies, and information on what they are responsible for.
There are five professional bodies who can authorise insolvency practitioners (IPs), including:
- The Insolvency Practitioners Association (IPA) is a membership body for those in insolvency practice who promote and maintain performance standards and professional conduct levels for those involved in the insolvency sector. Read about the work and services of the IPA.
- Institute of Chartered Accountants Ireland is a professional body of accountants that oversees the professional conduct of accountants in Ireland. Find information about Chartered Accountants Ireland.
- Institute of Chartered Accountants in England & Wales (ICAEW) is a professional body of accountants that oversees the professional conduct of accountants in England & Wales. Find out more about ICAEW.
- Institute of Chartered Accountants in Scotland (ICAS) is a professional body of accountants that oversees the professional conduct of accountants in Scotland. Find out more about ICAS.
- Complaints about Solicitor Insolvency Practitioners in Northern Ireland are handled by the Law Society of Northern Ireland. They provide a free and independent service for people dissatisfied with their representatives' services. Find out how to complain about a solicitor.
The Law Society of Northern Ireland investigates complaints about Solicitor Insolvency Practitioners in Northern Ireland. You can contact the Law Society of Northern Ireland on Tel 028 9023 1614.