Sensitivity obligation – public registers
- First published
- 24 July 2024
- Last updated
- 24 July 2024 - see all updates
- Topics
- Debt Arrangement Scheme, Protected Trust Deeds, Bankruptcy, Systems
Guidance on information being withheld on the public registers maintained by AiB
Reasons to withhold information
The Accountant would consider withholding an individual’s address in the following circumstances:
- when the individual has witnessed a crime and withholding the address would prevent the prospect of reprisals, therefore protecting the individual and their family
- when an individual may have been subject to abuse and having moved, is afraid, their new address details could be accessed by the abuser
As the family home address can easily be traced through other sources, the following factors will be taken into account when deciding if it should be withheld:
- has the individual changed address to escape the situation, or are they still residing in the same address?
- have they left the family home and wish to conceal their new address for their protection?
- does the person feel that their life or their family would be at risk if their current address became public?
The Accountant may consider withholding the family home address under some exceptional circumstances. However, in general it is once an individual has left the family home, particularly under abusive circumstances, that they would consider withholding the new address details.
It is important to acknowledge that the request may not be in relation to the specific individual’s circumstances. For example, a case was identified where a child was abused by a relative. Police reports were provided as evidence and the decision was made to withhold the individual’s address for the purpose of protecting their child.
AiB will make the decision on whether to withhold an individual’s address, based on the evidence provided. The decision will not be open to review.
If the decision is to withhold an individual’s information, the following will apply.
Bankruptcy
The register will show the current address where the individual has been declared bankrupt as c/o The Accountant in Bankruptcy, 1 Pennyburn Road, Kilwinning, KA13 6SA or in a trustee case, the name, and address of that trustee.
The register will show the individual’s previous addresses.
Where a provider has been appointed to administer the case for AiB, we will forward any documents received post-award to the provider.
PTD
The individual’s address will be c/o their respective trustee.
DAS
If the case is administered by a continuing money adviser (CMA), i.e. usually a private IP firm then the address will be c/o the CMA.
If there is no CMA in the case, the address will read as c/o 1 Pennyburn Road, Kilwinning, KA13 6SA.
- First published
- Wednesday, 24 July 2024
- Last updated
- Wednesday, 24 July 2024 - show all updates
- All updates
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