Complaints about trustees

Can a beneficiary complain about a trustee? Can I sue a trustee for wrongfully complaining? Are trustees good enough for charity? Consumers can locate contact information for the appropriate regional office online on the U. Trustee Program field office in his region. Department of Justice website.

Many people become aware of financial abuse occurring to a frail or infirm person. In fact, some complaints by a beneficiary may be seen as nothing more than nuisance and annoyance. Encouraged by charity lawyers , they seem to see their role as almost.

Part X arrangement or 4. See full list on afsa. First try and resolve your concerns with the trustee or administrator. If you remain dissatisfied or feel unable to raise the issue with them, you may contact AFSA Regulation and Enforcement: All complaints are treated seriously.

AFSA will acknowledge written complaints within seven days. Generally, we are able to deal with most complaints within days. If the issues you raise are complex this may take longer but we will keep you informed.

If you wish to remain anonymous, or have concerns about your details being made available, please make this clear to AFSA. AFSA aims to finalise the investigation within days of receiving your complaint and will keep you informed of the progress of the investigation. If your complaint is beyond AFSA’s powers to investigate, or it cannot be resolve you will be advised of your options, such as making an application to the Court. AFSA can also facilitate meetings between parties with a view to quicker resolution of disputes. You should indicate when making the complaint if you wish to consider this option.

Where the matter is not resolved through discussions with the personal insolvency practitioner, we will obtain a written response from the trustee or administrator addressing the issues of your complaint and we may inspect their file. In some instances AFSA can review a trustee’s decision such as: 1. If your complaint relates to a decision of a trustee that is reviewable, you should follow the procedure set out in Can I Appeal? A creditor or bankrupt who is dissatisfied with a registered trustee’s claim for remuneration and third party costs may either: 1. AFSA to undertake a review of the trustee’s remuneration.

This process is called a ‘taxation of costs’ and it examines the nature of work undertaken, time taken and the amount charged. A fee is charged for this service and you may also be required to pay the trustee’s costs if the remuneration is not significantly reduced. AFSA can examine the legality of the remuneration and whether the trustee has complied with standards set out in the Bankruptcy Act and can only require the trustee to vary their remuneration if it has not been legally taken or in accordance with regulated standards. If AFSA’s intervention cannot resolve your complaint your only remedy may be to apply to the Court.

We will inform you if this is the case. If you do not feel you have been treated with dignity and respect or are otherwise dissatisfied with the way that AFSA has handled your complaint, please raise your concerns further by asking to speak with the actioning officer’s manager. If your debt agreement administrator is a member of an external dispute resolution scheme such as the Australian Financial Complaints Authority (AFCA), you can make a complaint to them.

AFSA retains a record of all complaints. The record is kept as valuable feedback to assist in: 1. AFSA’s monitoring of trustees and administrators 3. Government on personal insolvency policy issues. For further information on AFSA’s role in reviewing certain trustee decisions please refer to the Inspector-General’s Practice Statement 12.

It can be confidential and will not affect the services provided for you. It will be treated with respect and dealt with in a timely and courteous manner. Please also see our Complaints Policy.

Occasionally people have cause to complain about charities and look to the Charity Commission (the Commission) as the regulator for charities in England and Wales to take up their complaints. This guidance looks at when the Commission will, and when it will not, take up the concerns report. The Commission is the independent regulator of charities. Its job as regulator is to ensure that charities are accountable, well run and meet their legal obligations.

Its work means that the public can be confident about giving their support to charities and beneficiaries can have confidence about the services they receive. Where you have a complaint about the Commission and its service or, as someone involved in a charity, you want the Commission to review a decision on a particular issue, please follow our complaints procedure. If you work or volunteer for a charity you can blow the whistle about serious wrongdoing in your charity to the Commission.

The Charity Commission cannot tell you if your whistleblowing disclosure is protected under the law, or give legal advice. Find out how to report wrongdoing as a worker or volunteer, including what sort of problems you can tell us about. Charity trustees: are the people who serve on the governing body of the charity and are responsible for the general control and management of the administration of a charity. They can be known by other titles such as trustees, directors, board members, governors or committee members. Dispute: in the context of this guidance a dispute is a disagreement within a charity that in differing opinions, a struggle for control and even a breakdown in the effective day-to-day management of the charity.

Independent examination: this is a form of external scrutiny of a charity’s accounts, less in depth than a formal financial audit. Inquiry: when used in the context of this guidance this means a formal inq. This complaints procedure is for:.

We recognise that trustees or people affected by the decision may feel that we are not correct and this is where our procedures to review decisions come in. First, understand that the bankruptcy trustee is an independent contractor. The board reviews its own performance and that of individual trustees , including the chair.

This happens every year, with an external evaluation every three years. Who can make a complaint? A common complaint is that guardianship is too controlling about the minutiae of people's lives and marginalises family members often for no reason. Anyone can complain to the Ombudsman.

If you wish to lodge a request for a review, you must do so within days of the date the trustee informs you of their decision. Resolving complaints Information about resolving complaints about trustees and administrators.