FOI/202600505391 · FOI · clarification
Definition and records of specific criteria used by Accountant in Bankruptcy: FOI release
Information requested
1 - The “specific criteria” that are referred to in the AiB’s reply 202500494917.
2 - The records (if any) that a case worker is required to contemporaneously prepare to record and evidence the manner in which the said “specific criteria” have been addressed.
You further clarified question 2 on 12 February as:
On the basis that the “specific criteria” identified in the AiB's list may be relied upon as definitive and comprehensive - I am requesting an explanation that definitively sets out how AiB data records are required to include:
(a) the case worker's identification of which of the "specific criteria” are considered to have been met in any given case.
(b) the relevant content of the case-specific AIB records (or other unrecorded information, if applicable) that the case worker has consulted and relied upon in making that assessment.
(c) the manner in which any discretionary consideration of the said assessment was applied before legal proceedings are subsequently commenced (which I understand would additionally include the additional criteria - consideration as to whether any such action is in the interests of the creditor and, to comply with the AiB’s wider fiduciary duties as a trustee to any other beneficiary or contingent beneficiary of the sequestrated estate).
and thereby contemporaneously and formally record the legal grounds for bringing such proceedings in terms that may be readily exhibited to the Sheriff Court in any subsequent challenge.
Response
Question 1
This information was provided to you in a previous request (202300381131) issued on 8 November 2023 and in the clarification request sent on 11 February 2026. However, I have also listed it below:
to prepare a disposition when selling property; to review a written offer and prepare a disposition from a third party - where another party is selling the property or a spouse is buying out the trustee's interest; to consider possible gratuitous alienation; conveyancing of a property; action for division and sale; action for right to sell (consent) - where the debtor or other party has been un co-operative or cannot be traced; using the single letter service, to trigger a response where previous attempts have been unsuccessful; any other legal action in connection with heritable property - where the Agency's / senior management consent has already been provided for that specific action; transfer of a premises licence.
Question 2
(a) The “specific criteria” relate to actions a case handler can take without getting permission from senior management or AiB. These actions will vary from case to case dependent on the debtor’s circumstances and assets. Therefore the answers given below are examples and is not exhaustive.
(b) Decisions will be based on:
information provided by the debtor, creditors or third parties which could include statutory documents and / or correspondence search outcomes which could include credit reference checks and property title searches equity calculations for individual assets the potential cost and time of legal action against any offer made by, or on behalf of the debtor, which may remove the need to pursue legal proceedings correspondence relating to negotiations to realise assets notes of discussions and case reviews with line managers
(c) The case handler will regularly review actions and retain copies of:
instructions to suppliers eg Chartered Surveyors, Sheriff officers, Legal Agent regular updates on progress ongoing costs any additional information received continuing discussions with line managers continuing discussions with line managers
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