Apply to hide an address from insolvency register

When a debtor enters an insolvency procedure, either through the approval of a Debt Relief Order (DRO), the making of a bankruptcy order or an Individual Voluntary Arrangement (IVA) their address is usually available online via the Individual Insolvency Register.

People at risk of violence

The debtor can apply for a Persons at Risk of Violence (PARV) order to withhold their current address (both residential and where they carry on business) from the insolvency register.[1]

A debtor is classed as being at risk of violence if the disclosure of their address might reasonably be expected to lead to violence against them or someone who normally resides with them as a member of their family. It does not matter whether the violence is expected from the general public or specific people.

Similar rules apply for bankruptcy and IVAs.[2]

A PARV application can be made before the DRO is approved.[3] This offers an important protection to the debtor because they can choose not to go ahead with a DRO if the court refuses the application.

The debtor can apply to withhold their address once a DRO has been approved. If the court does not agree to their application, the address is published on the insolvency register.[4]

The procedure for PARV applications is set out in paragraph 16.1 of The Insolvency Practice Direction (IPD) within the Civil Procedure Rules.

Application form

Template Form 20.4 includes fields to ensure the application meets the formal requirements. Anecdotal reports suggest that some court hearing centres prefer the application to be made on Form IAA.

Either form could be used providing the application complies with requirements under Rule 20.4 and paragraph 16 of the IPD. Check with the court that will deal with the application which form they would prefer.

There is no template form for applications made after a DRO is approved under Rule 20.6. These applications should be made on form IAA.

Witness statement

Paragraph 16.1(1) states that the relevant PARV application should be accompanied by a witness statement which includes the following:

“The grounds upon which it is contended that disclosure of the current address as defined by rule 20.1 might reasonably be expected to lead to violence against the debtor or a person who normally resides with them as a member of their family or where appropriate any other person."

The test is not reasonable risk of violence, but reasonable expectation of violence, which is a higher test. It needs to be evidenced with specific examples of previous conduct on the part of the other person.[5]

The key to a successful PARV application is the witness evidence to persuade the court that the test under Rule 20.1(1) is met.

The template form 20.4 refers on page 2 to the requirement for a separate witness statement, rather than witness evidence within the application itself.

Read more about witness statements in civil claims and applications.

Supporting evidence

Supporting evidence can be used to persuade the court that the test in Rule 20.1 is met. This could be in the form of witness statements from family members or friends, or reports or letters from professionals such as the police, solicitors, doctors, counsellors, social workers, or support services.

An application could be made solely on the applicant's witness statement if no supporting evidence is available.

Include a draft order

Paragraph 16.13 of the IPD requires a draft of the order is included in the application unless impracticable.

Form 20.4 contains the wording of the draft order. The draft order proposes the address is omitted from any part of the court file that is open to inspection, and that the address is not included in the Individual Insolvency Register.

The left margin of form 20.4 suggests applicants provide details of previous addresses and request that the court includes these in the order. This is not optional, and must be included.

The applicant must include proposals for information to be given to creditors, so that they can identify the debtor. This could include the applicant's previous residential or business address.[6]

If there are no court proceedings (likely to be the case for a DRO application) the current fee for PARV applications is £280.00 (See fees order 3.5 and page 10 of the EX50 Civil and Family Court Fees.

There is no longer a lower fee for applications made with consent where there are no existing proceedings.

The remission rules detailed in EX160A How to apply for help with fees apply.

Reports suggest some courts have agreed to waive PARV application fees even where the applicant does not qualify under the EX160A rules. Check with the applicant's local court.

The IPD does not refer to obtaining consent for DRO PARV applications (unlike for bankruptcy and IVAs at para 16.1 (4)). The DRO Team has also confirmed that their consent is not mandatory.

Obtaining written consent from the DRO Team before making the application can mean the application proceeds without a hearing. The written consent can be enclosed and sent to the court with the PARV application.

The application may be filed at the client’s nearest County Court hearing centre with insolvency jurisdiction.

Applications are referred to a district judge sitting in a District Registry, ICC Judge, or a High Court judge to be considered without a hearing.[7] The court can list a hearing if it is not persuaded by the written evidence there is another reason why a hearing is appropriate.

It is unlikely that applications will be listed for a hearing. If they are listed, there is no provision in the Insolvency Practice Direction for the proceedings to be transferred to the debtor’s home court. The debtor should be advised, before filing, that if a hearing is listed, they will have to attend at the District Registry or specialist court which deals with the application. This may not be local to them.

For detailed provisions on allocation and specific locations of District Registries and specialist courts see IPD paras 3.6 & 3.7 and Practice Direction 57AA – Business and Property Courts para 4.1.

If the court makes the PARV order, this can then be provided to the DRO Team when the DRO application is submitted. The box should be ticked on the DRO application indicating that the debtor wants their address to be withheld.

If the court refuses the application the client could seek specialist advice about an appeal or consider a debt solution other than insolvency.

The Specialist Debt Advice Service knows of one PARV application being refused. Reportedly the debtor was embarrassed about their debts rather than in expectation of violence.

The fact of address publication and the option of a PARV application should be discussed with every debtor considering insolvency. Given the importance that applications are prepared correctly, SDAS would encourage advisers to seek advice and assistance checking draft PARV applications from their consultancy service.