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Wednesday, 3 October 2023

Complain about an insolvency practitioner

If you want to complain about the professional conduct of an insolvency practitioner (debt specialist) you will need to contact their authorising body. Find out the steps you need to follow, which authorising body to contact and the types of complaints they can investigate.

Insolvency practitioners

Insolvency practitioners are usually solicitors or accountants who specialise in insolvency matters. For example, they act as:

  • 'trustee' in a bankruptcy - where they take cotnrol of and sell a bankrupt's assets
  • 'supervisor' in an individual voluntary arrangement (an alternative to bankruptcy) - where they manage a debtor's repayments to a creditor

An insolvency practitioner's authorising body

Authorising bodies license (authorise) insolvency practitioners and are responsible for maintaining professional standards and investigating complaints about their conduct.

Before making a complaint

An authorising body will only investigate complaints about an insolvency practitioner’s:

  • unprofessional conduct
  • unethical behaviour
  • improper or unfair practices

What you can expect if you complain

Where possible, the authorising body will encourage the insolvency practitioner to resolve the complaint and work with them to change any appropriate procedures or practices.

An authorising body can’t:

  • reverse or alter a decision of an insolvency practitioner
  • intervene directly in your bankruptcy or individual voluntary arrangement
  • provide guidance on your bankruptcy or individual voluntary arrangement

You should get independent legal advice if you are unhappy about any of these matters as only a court has the power to look into them.

How to make a complaint

The basic steps to make a complaint are detailed below.

Step one: write to the insolvency practitioner and try to resolve your complaint directly.

Step two: if you are unhappy with their response you can then take your complaint to their authorising body.

Step three: each authorising body has its own procedure for handling complaints against their registered insolvency practitioners.

To find the relevant authorising body, you can:

  • get their details directly from the insolvency practitioner
  • search the online insolvency practitioner directory
  • contact the Insolvency Enquiry Line, telephone 0845 602 9848, Monday to Friday 8.00 am to 5.00 pm

If your insolvency practitioner is authorised by the Department for Business, Innovation and Skills (BIS) see the section below for more information.

If your insolvency practitioner is not authorised by BIS, contact their authorising body directly for information on how to make your complaint.

Insolvency practitioners authorised by BIS

The Insolvency Service’s Insolvency Practitioner Unit (IPU) handles complaints against insolvency practitioners authorised by BIS.

To make your complaint, write to the IPU and include the following details in your letter:

  • your insolvency case name and number
  • the insolvency practitioner's name
  • the insolvency practitioner's company name and working address
  • copies of any correspondence relating to your complaint
  • details of what has gone wrong

Send your letter to the:

Insolvency Practitioner Unit
The Insolvency Service
4th Floor
Cannon House
18 Priory Queensway
Birmingham
B4 6BS

If you have any queries, contact the IPU:

Email: IPU.Email@insolvency.gsi.gov.uk

What happens to your complaint

The IPU will reply to your written complaint within 15 working days of receiving it. They will acknowledge your complaint and set out how they propose to deal with it. If they can’t do this, they will write to you within five working days explaining the cause of the delay and confirm when you will receive this information.

The IPU has no power to order an insolvency practitioner to pay you compensation or impose penalties or disciplinary action. They will seek an explanation and further information from your insolvency practitioner.

Once this information has been received, they will write to you detailing the insolvency practitioner’s response and add their comments on the complaint. You can express your views on these comments.

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