Guidance

Unfit conduct: Our disqualification and restrictions search facilities

Updated 21 June 2022

1. Background

The Insolvency Service has a general duty to deter unfit conduct by company directors and individuals. One way we do this is to publish details online of recent disqualifications, bankruptcy restrictions and debt relief restrictions. These include details of the unfit conduct that led to the enforcement action against the people concerned. Two search facilities enable you to see the details.

Note: When informing the public about unfit conduct, we disclose personal information. This contributes to our regulatory objectives, so it is allowed by the Data Protection Act.

1.1 What are the search facilities?

Our two search facilities enable you to find out about the unfit conduct that led to a court making an order or a director or debtor giving an undertaking (a legally binding promise).

The search facilities give details of recent results we have achieved with regard to:

• company director disqualification orders and undertakings (disqualifications)
• bankruptcy restrictions orders and undertakings (restrictions)
• debt relief restrictions orders and undertakings (restrictions).

We also provide details of disqualifications obtained by other prosecuting and regulatory authorities when these are notified to us.

On disqualifications, our results relate to companies that were, or could be, wound up under the Insolvency Act 1986 in England, Wales and Scotland.

On restrictions, our results relate to individuals who entered into bankruptcy or debt relief proceedings in England and Wales only.

The links below lead to the search pages.

Click here to view disqualification results

Click here to view restrictions results

Note: These search facilities add to and do not replace the statutory registers that give details of all current disqualifications and restrictions. You can find more about these registers below.

2. Unfit conduct (orders and undertakings)

The Insolvency Service obtains disqualifications and restrictions by court order or by undertaking, both of which have the same legal effect.

2.1 Orders

If the defendant disputes our application for disqualification or restrictions or fails to respond to it, the case is heard at court. If the court makes an order, our search facilities give you a summary of its findings about the unfit conduct.

2.2 Undertakings

An undertaking is where the director or debtor admits to unfit conduct and agrees to be disqualified or restricted. It is a legally binding agreement that has the same effect as a court order.

Our search facilities give you details of the unfit conduct admitted by the defendant solely for the purpose of the proceedings. This is made clear in the wording of the undertaking.

Prosecuting and other regulatory authorities may also obtain director disqualifications by court order or undertaking. Where these are notified to us then we will publish details.

3. How long are records stored on the search facilities?

We publish new results on a weekly basis and they are accessible for 3 months from publication. A disqualification may last up to 15 years and restrictions between 2 and 15 years. You can contact the Insolvency Service to obtain details of current restrictions and disqualifications obtained by us that are not currently displayed on our search facilities.

4. Who do I contact for details of cases not currently displayed?

4.1 Disqualifications

If you want details of the unfit conduct of an individual currently subject to a period of disqualification who is not included in our disqualification search facility, please email our Civil Proceedings Team: legalservices@insolvency.gov.uk.

Please note that if the disqualification was obtained by another authority then the Insolvency Service may hold little, or no, information; please contact that authority directly if you know the details

4.2 Restrictions

If you wish to request details of the unfit conduct of an individual currently subject to bankruptcy/debt relief restrictions who is not included in our restrictions search facility, please contact the official receiver’s office dealing with the case.

You will find details of the relevant office by searching for the individual in the Individual Insolvency Register.

If you cannot find the individual on the Individual Insolvency Register, please email the Insolvency Enquiry Line insolvency.enquiryline@insolvency.gov.uk . Give as much detail as possible, for example the individual’s full name and address, the court name, case reference, trading name and address or date of birth. They will forward your enquiry to the relevant office. If you prefer, you can contact the Insolvency Enquiry Line on 0300 678 0015 between 9am and 5pm Monday to Friday; they will take your contact details (including an address for a written response) and forward a message on your behalf to the right office.

5. What will my search show?

Director disqualification results facility

This page contains details of recent successful results. Each entry includes:

• details of the individual disqualified
• start date of disqualification
• period of disqualification
• summary of the unfit conduct
• name and number of the company involved.

Restrictions results facility

This page contains details of recent successful results we have achieved on bankruptcy restrictions and debt relief restrictions. Each entry includes:

• details of the individual subject to restrictions
• date of the order/undertaking (the start date)
• period of restrictions
• summary of the unfit conduct
• court details.

6. How do I report errors or omissions?

We regularly update the information you can find through the search facilities. If you believe the pages contain any errors, please email the following contact points with the error you have found.

Disqualifications and restrictions

Email: legalservices@insolvency.gov.uk

7. Where can I find more details of all disqualified directors?

The full register of currently disqualified directors is maintained by Companies House and is available to search free of charge. The register provides:

• the individual’s details
• their nationality
• the number of disqualification orders
• start and end dates of the disqualification
• the section of the Company Directors Disqualification Act 1986 that the director has been disqualified under.

It is an offence for an undischarged bankrupt, somebody subject to a debt relief order or somebody subject to restrictions to act as a director of, or directly or indirectly to take part in or be concerned in the promotion, formation or management of, a company except with the court’s permission. This information can be found on the Individual Insolvency Register.

8. Where can I find more details of all bankruptcy and debt relief restrictions orders and undertakings?

The Insolvency Service also maintains the Individual Insolvency Register. This includes a full register of individuals currently subject to:

• bankruptcy or debt relief restrictions, or
• interim restrictions orders (these are temporary orders made by a court before the final decision).

The register is available to search, free of charge, and provides the following information:

• the individual’s details
• their occupation and trading details
• their gender
• a statement that a restrictions order has been made or undertaking given
• court details
• the date of the order/undertaking
• the duration of the order or undertaking
• the Insolvency Service office and contact details for the case.

9. Where can I find more about disqualification and restrictions?

For more information please read our publications:

Company Directors Disqualification Act 1986 and Failed Companies

Effects of a Disqualification Order

Information about bankruptcy restrictions

Debt relief restrictions orders

10. How do I make a complaint?

If you would like to complain about somebody who you believe is breaching their disqualification or restrictions, please follow these links:

Report a disqualified director

Complain about a bankrupt or somebody subject to debt relief restrictions

11. Media enquiries

Media enquiries should be directed to our Press Office press.office@insolvency.gov.uk.

12. Data protection

The Insolvency Service Personal Information Charter is available here.

This publication provides general information only. Every effort has been made to ensure that the information is accurate, but it is not a full and authoritative statement of the law and you should not rely on it as such. The Insolvency Service cannot accept any responsibility for any errors or omissions as a result of negligence or otherwise.