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Wednesday, 3 October 2023

Making a complaint about The Insolvency Service

If you want to complain about The Insolvency Service you need to follow their complaints process. Find out how you to send your complaint and what to expect from the complaints process.

About The Insolvency Service

The Insolvency Service deals with insolvency and redundancy matters in England and Wales and can handle complaints made against:

  • The Insolvency Service
  • Official Receiver
  • Investigations and Enforcement Services (IES)
  • Redundancy Payments Office

The Official Receiver is an officer of the court who deals with administering and investigating the affairs of bankrupts and companies in compulsory liquidation. They also assess applications for debt relief orders and supervise fast-track voluntary arrangements. These are alternatives to bankruptcy.

IES can investigate limited companies where information they’ve received suggests corporate abuse. For example, fraud or serious corporate misconduct.

The Redundancy Payments Office assesses and pays statutory entitlement to redundancy if an employer can’t or won't pay its employees.

Making a complaint

If you are unhappy with the service you have received from any of the above you should follow the complaints process below. Alternatively, you can contact the Insolvency Enquiry Line - telephone 0845 602 9848, Monday to Friday 8.00 am to 5.00 pm.

Step one

Try to resolve your complaint with the official concerned.

Step two

If the problem can’t be resolved, send your complaint online using the form below or in writing. Include the following in your letter:

  • name and address
  • if applicable, the court reference number for your bankruptcy
  • copies of any letters relating to the complaint
  • details of what has gone wrong

You should address your complaint to:

  • the section head of Corporate and Business Services (The Insolvency Service)
  • your local Official Receiver
  • the IES supervisor
  • Redundancy Payments Office manager

You should get a written reply to your complaint within ten working days of it being received. If this is not possible, The Insolvency Service, usually within five working days, will write to you confirming when you can expect a full reply.

Step three

if you are unhappy with the response from step two, you can forward your complaint to:

  • The Insolvency Service’s Corporate Business Services section director
  • Official Receiver regional director
  • the IES inspector of companies
  • Redundancy Payments Office director

Step four

If you are unhappy with the response from step three you can forward your complaint to either the Information Commissioner or the Adjudicator.

The Information Commissioner deals with complaints about personal information or requests for information. The Adjudicator deals with all other types of complaints.

To complain to the Information Commissioner, follow the second link below.

To complain to the Adjudicator, write to:

The Adjudicator's Office
8th Floor
Euston Tower
286 Euston Road
London, NW1 3US

You must have received a final reponse to your complaint before approaching the Information Commission or the Adjudicator. Contact them to find out how your complaint wil be handled and when you must send it to them.

Taking your case to the ombudsman

At any stage in the complaints process you can contact a Member of Parliament (MP) to ask the Parliamentary and Health Service Ombudsman to investigate your complaint. You can’t complain directly to the ombudsman. The ombudsman is an independent organisation which carries out investigations into complaints about Government departments and their agencies.

What you can expect if you complain

You can expect any of the following:

  • an apology
  • an explanation of what went wrong
  • an assurance that the same mistake will not happen again
  • details of the action taken to put things right
  • financial compensation

Financial compensation

The Insolvency Service might pay compensation to acknowledge and apologise for any worry or distress caused by the way you have been treated. Payments usually range from £25 to £250 and are not intended to put a value on the distress you have suffered.

The Insolvency Service might pay compensation if your complaint has been badly handled or taken an unreasonable amount of time to deal with. Payments usually range from £25 to £250.

The Insolvency Service might be able to cover any reasonable costs you have had to pay in relation to your complaint. Each claim is considered on its own merits and payments will be assessed on an individual basis.

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