Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he plans to take to help ensure that county courts update their records to reflect the cancellation of Breathing Space certifications.

When a Breathing Space is cancelled, the creditor will be automatically notified by the Insolvency Service. They should provide a copy of this notification to the county court when they apply for any further enforcement action.

The decision on whether someone enters a Breathing Space Moratorium is not initially determined by the court but by a debt advice provider authorised by the Financial Conduct Authority or by a local authority (where they provide debt advice to residents). For a Mental Health Breathing Space, an Approved Mental Health Professional must certify that a person is receiving mental health treatment. If a creditor disagrees with a notification, there are grounds under which they can ask the debt advisor for a review. After a review, if the creditor does not agree with the decision, they can then apply to the court to cancel the breathing space.

If a creditor who has applied to the court is concerned about the validity of documents supporting a Mental Health Breathing Space, they should include supporting evidence as to why the documentation may be invalid in their application, verified by a statement of truth. Such applications are treated as a Part 8 claim by the court. The evidence will be considered by a judge who will make the decision.