Information on Account in Bankruptcy staffing and processes: FOI release

Information requested

a) Please advise the managerial lines of responsibility between the AIB’s Chief Executive and the Recall Administration and Recall teams.
b) With regard to the AIB’s Recall Administration Team, please advise

• In what manner and in what terms is its operational remit defined?
• Is it a permanently constituted and staffed function?
• What is the annualised average headcount?
• How many of the staff hold recognised professional insolvency law qualifications?

c) With regard to the AIB’s Recall Review Team, please advise

• In what manner and in what terms is its operational remit defined?
• Is it a permanently constituted and staffed function?
• What is the annualised average headcount?
• How many of the staff hold recognised professional insolvency law qualifications?

d) Copies of all relevant internal instructions and procedures that serve to:

• explain the status of decisions of the AIB (acting by the Recall Review Team) and the requirement (if any) of the AIB (acting by the Recall Administration Team) to comply with those decisions.
• evidence what AIB processes must be followed when the Recall Review Team produces a report that does not fully support the prior actions of the Recall Administration Team?
• evidence what procedures should be followed when the Recall Administration Team determines that a valid Recall Process has not taken place and the statutory time limits for a re-run of the process cannot be met.

Response

a) An organisational chart is attached at Annex A. The recall process is undertaken by the Adjudication and Supervision Team, the review process is undertaken by the Operational Policy and Compliance Team.
b) The processing of recall applications is undertaken by the Adjudication and Supervision Team. 

• The operational remit is shown at Annex B.
• Yes
• The team has six members.
• No staff hold professional insolvency law qualifications. The requestor will be advised that through a procurement exercise AiB has appointed one main legal firm, with qualified insolvency solicitors, and one back up firm in case of conflict, to provide legal advice as required. Information in relation to these appointments can be found on the AiB website at Supply of Legal Services | Accountant in Bankruptcy (aib.gov.uk

c) The recall reviews are undertaken by the Operational Policy and Compliance Team.

• The operational remit is shown on Annex B.
• Yes
• The team has two members.
• No staff hold professional insolvency law qualifications. The requestor will be advised that through a procurement exercise AiB has appointed one main legal firm, with qualified insolvency solicitors, and one back up firm in case of conflict, to provide legal advice as required. Information in relation to these appointments can be found on the AiB website at Supply of Legal Services | Accountant in Bankruptcy (aib.gov.uk)

d) Decisions under the recall review process are undertaken using section 37(4)(b) of the Bankruptcy (Scotland) Act 2016.

• The Adjudication Team must comply with any decision made under the above section to confirm, amend, or revoke the decision, determination or requirement.
• When a decision is made the outcome letter is sent to the applicant, the trustee and the decision maker (if not the trustee). The decision maker would review the outcome and take any necessary action laid out in the decision.
• The statutory time limits to be followed would be contained within the relevant section of the legislation relating to the decision. For example, in a recall the trustee would be requested to submit a statement of the debtor's affairs within 21 days. Subsequently The Accountant would require to make a decision within 8 weeks of the receipt of the statement. 

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FOI - 202300382649 - Information released - Annex B

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1 page PDF

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FOI - 202300382649 - Information released - Annex A

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