Complaints received by Accountant in Bankruptcy concerning conduct of trustees: FOI release

FOI reference: FOI/18/02097
Date received: 7 August 2018 
Date responded: 3 September 2018
 
Information requested

1.    How many complaints had been received by the Accountant in Bankruptcy (the Accountant), in the last 10 years, concerning the conduct of trustees.
2.    How many complaints had been received by the Accountant, in the last 10 years, concerning the conduct of liquidators.
3.    The number of court actions raised by the Accountant in respect of these complaints, in the 10 last years.
4.    If the Accountant had reported any of the above complaints to the Crown Office, in the last 10 years.

Response

1.     Please find the total number of complaints received by AiB for the years from 2008/2009 to 2017/2018 and for business year 2018/19 to date as follows: 

   	Where AiB is trustee	Where there is a Trustee other than AiB	PTD
   2018/19 YTD	17	15	0
   2017/18	73	0	6
   2016/17	30	0	0
   2015/16	37	0	0
   2014/15	29	1	0
   2013/14	12	0	0
   2012/13	22	17	2
   2011/12	44	23	0
   2010/11	33	20	2
   2009/10	28	14	5
   2008/09	41	11	3

The first two columns in the table above detail all complaints received in bankruptcy, firstly where AIB is the trustee and secondly when there is a private  Trustee.  The third column details complaints received by AiB about the conduct of private trustees administering Protected Trust Deeds.

These figures are unlikely to give a full picture, since complaints regarding a trustee’s conduct should rather be submitted to the Insolvency Service Complaints Gateway or the relevant registered professional body. 

1.     The Accountant does not have the information you have asked for because, whilst the Accountant has a statutory duty to maintain the Register of Insolvencies in respect of Scottish registered companies who are in liquidation, the Accountant does not have any statutory powers to investigate any complaints made against liquidators.  All complaints concerning liquidators must be made through the Insolvency Service Gateway. Should you require information about complaints made against liquidators, please contact the Insolvency Service Complaints Gateway, 3rd Floor, 1 City Walk, Leeds LS11 9DA.  The Insolvency Practitioners regulatory bodies, the Insolvency Practitioners Associations, the Institute of Chartered Accountants of England and Wales and the Institute of Chartered Accountants of Scotland may also be able to provide you with assistance.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not  have the information you have requested. 

3.     The Accountant has raised no court action in the last 10 years against trustees or liquidators as a result of complaints being received about their conduct. 
4.     The Accountant has not reported any trustee or liquidator to the Lord Advocate in the last 10 years as a result of complaints being received about their conduct.

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