Official Receiver failure of duty

Response to this request is long overdue. By law, under all circumstances, Insolvency Service should have responded by now (details). You can complain by requesting an internal review.

Dear Insolvency Service,

The Official Reciever notified immediately when a Bankrutpcy order is made by the court .

Please confirm how many Official Receivers who are civil servants and also an Officer of the court, have failed in their duty to contact a bankrupt either immediately or within 2 working days.

How many Officail Recievers have also failed to forward a copy of the bankrutpcy order sent to them by the court to the bankrupt.

How many have also failed to notice any discrepancies within bankrutpcy orders and the lack of the insolvency rules being followed and have failed to report those discrepancies.

Provide a list of the mandatory duties of the Official Receivers and who they are to be reported to for failing in their duties to insure that the insolvency rules have been carried out by the petitioner and the courts.

Please confirm how many Official Receivers have been removed from office for turning a blind eye to the insolvency procedures not being carried out correctly by the petitioners and the courts.

Confirm if the Official Receivers have a duty to provide transparent services and to prevent wrong doing by the court and court staff who may have allowed the petitioners to breach the insolvency rules.

Yours faithfully,

paul grant

FOI, Insolvency Service

Dear Sir,

I acknowledge receipt of your FOI request below.

Regards,

Paul Schofield

Paul Schofield | Senior Official Receiver’s Office | The Insolvency Service | [email address]| 4th Floor Cannon House, 18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX | www.gov.uk/insolvency-service

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Dear Insolvency Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Insolvency Service's handling of my FOI request 'Official Receiver failure of duty'.

No answer and this FOI request I s over due now.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

paul grant

FOI, Insolvency Service

Dear Sir,
 
Please accept my sincere apologies  for the delay in replying to your
enquiry. This was due to an administrative error that has now been
addressed.
 
I would answer your queries as follows (see below in bold);
 
Please confirm how many Official Receivers who are civil servants and also
an Officer of the court, have failed in their duty to contact a bankrupt
either immediately or within 2 working days.
 
The Insolvency Service holds no recorded statistical information on the
matter above.  
 
How many Official Recievers have also failed to forward a copy of the
bankrutpcy order sent to them by the court to the bankrupt.
 
The Insolvency Service holds no recorded information on the matter above
 
How many have also failed to notice any discrepancies within bankrutpcy 
orders and the lack of the insolvency rules being followed and have failed
to report those discrepancies.
 
The Insolvency Service holds no recorded information on the matter above
 
Provide a list of the mandatory duties of the Official Receivers and who
they are to be reported to for failing in their duties to insure that the
insolvency rules have been carried out  by the petitioner and the courts.
Statutory duties of the official receiver (companies)
The official receiver has a statutory duty to investigate every compulsory
winding up order made by the court.
Section 132(1) states that where a winding-up order is made by the court
in England and Wales, it is the duty of the official receiver to
investigate -

 a. if the company has failed, the causes of the failure; and
 b. generally, the promotion, formation, business, dealings and affairs of
the company, and to make such report (if any) to the court as he
thinks fit.

There are no exceptions to the official receiver's duty to investigate in
a compulsory liquidation.
Statutory duties of the official receiver (bankruptcy)
The investigatory duties of the official receiver in relation to
bankruptcies are detailed in section 289(1) which states:
The official receiver shall -

 a. investigate the conduct and affairs of each bankrupt (including his
conduct and affairs before the making of the bankruptcy order), and
 b. make such report (if any) to the court as the official receiver thinks
fit.

Under section 289(2) the official receiver has discretion to decide that
an investigation is unnecessary in a bankruptcy. In practice the official
receiver should carry out an initial investigation into each case.
 
Please confirm how many Official Receivers have been removed from office
for turning a blind eye to the insolvency procedures not being carried out
correctly by the petitioners and the courts.
 
The Insolvency Service holds no information on the matter above
 
Confirm if the Official Receivers have a duty to provide transparent
services and to prevent wrong doing by the court and court staff who may
have allowed the petitioners to breach the insolvency rules.
 
Matters relating to the court and court staff should be directed to HMCTS.
 
If you are dissatisfied with the way in which The Insolvency Service has
dealt with this request you have the right to ask for a review within two
months of the date of this letter. You may do this by e-mailing:
 
[1][Insolvency Service request email]
 
If you disagree with any final decision provided by The Insolvency Service
you may refer this matter to the Information Commissioner. He may be
contacted at ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
 
 
I once again apologise for the late reply.
 
Regards,
 
Paul Schofield
 
 
Paul Schofield | Senior Official Receiver’s Office | The Insolvency
Service | [email address]| 4^th Floor Cannon House,
18 Priory Queensway, Birmingham B4 6FD | DX 713901 Birmingham 37 DX |
[2]www.gov.uk/insolvency-service
 
 
 
 
 
 
 
 
 
 
 

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