COMPLAINTS PROCEDURE
Responsibility for Complaints
As stated in paragraph 1.2, Richard Body and Aidan Harvey are responsible for complaints handling.
Complaints Handling Procedure
The initial client care letter, police bail letter and conclusion letter informs the client that they have the right to complain. It tells them of the firm’s complaints procedure and the persons responsible for handling complaints.
The Complaints Handling Procedure is set out as follows:
You can make a complaint in many ways, by telephone, writing, emailing or by making a complaint directly to a member of staff and providing details of the nature of your complaint.
Many Complaints can be minor in nature and easy to resolve. In the first instance we would invite the client to address their complaint to the person responsible, if appropriate, to see if the complaint can be resolved directly.
If the complaint cannot be dealt with in this way, it can be addressed to either Richard Body or Aidan Harvey who are partners of the firm.
We aim to ensure that all complaints are dealt with promptly, fairly and affectively. In order for this to happen, written notification of receipt of the complaint will normally be given within three working days. There are exceptions to 3-day rule, for example, and staff are on annual leave or away from the office on long cases.
The letter may detail the nature of the complaint, any persons involved, the person who will be dealing with the complaint and when the client can expect to hear from them again. This will usually be within 28 days as you often take time to thoroughly investigate and respond to a complaint. However, if we anticipate that it will take longer we will notify the client in writing prior to the end of the initial 28 days. The complaint will be dealt with as soon as possible but within at least eight weeks.
The person dealing with the complaint will be one of the three persons named above who is independent and not involved with the nature of the complaint or the subject of the complaint. The client is invited to contact the person dealing with their complaint at any time during this period however, we cannot guarantee they will deal with the complaint any sooner.
As part of the investigation process, the person dealing with the complaint will speak with any other persons involved and look at any necessary documentation. Once the complaint has been thoroughly investigated, a reasoned response will be sent by post, email or whatever medium of the client prefers and the client will be invited to discuss the matter further if they wish. If the complaint is upheld, then it may be necessary to remedy the situation or change policy or procedure to avoid similar problems arising in the future.
The Legal Ombudsman is the body responsible for dealing with complaints about Solicitors. The client is advised that they can make a further complaint to them immediately, however, we invite all complaints to be made directly to the firm in the first instance.
If after making a complaint the client is not satisfied that their complaint has been dealt with to their satisfaction, then they are advised that they are entitled to take it further and can do so by contacting the Legal Service Ombudsman. The client is advised that they can contact them by telephone on 0300 555 0333, if calling from oversees call +44 121 245 3050, by post to PO Box 6806 Wolverhampton, WV1 9WJ,
by email to enquiries@legalombudsman.org.uk or by contacting them using their website www.legalombudsman.org.uk
The client is advised that there is a time limit to make a complaint to the Legal Services Ombudsman of one year from the date when they realised there was a concern that gave rise to the complaint. The client is advised that Legal Services Ombudsman asks that they approach them as soon as they can and within six months of their last contact with the firm.
Complaints Register
Richard Body and Aidan Harvey have shared responsibility for maintaining the central complaints register. This register records details of the complaint and how it was dealt with. Richard Body and Aidan Harvey have shared responsibility for reviewing, annually; all complaints received by the firm and ensure that they have been dealt with in accordance with the complaints handling procedure.
The review will detail each complaint and note any trends and any action that is required. These reviews will be enclosed in the front of the complaints register. Any trends will be noted here, and any necessary action will be discussed with individual fee earners if appropriate.
10.4 a complaint is defined as a communication of dissatisfaction with the service that the firm has, given or the conduct of a member of the firm.
A general dissatisfaction with the out come of the case is not a complaint. For example if a client continues to assert his or her innocent after a trial in which they have been found guilty. But if the client asserts that the unfavourable out come was due to the performance of the firm that would be a complaint.