Our Complaints policy

We are committed to providing a high-quality legal service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.

If you have a complaint, please contact us with the details. We have eight weeks to consider your complaint. If we have not resolved it within this time you may complain to the Legal Ombudsman.

What will happen next?

• We will send you a letter acknowledging receipt of your complaint within three days of receiving it, enclosing a copy of this procedure.
• We will then investigate your complaint. This will normally involve passing your complaint to our client care partner, Naresh Kumar, who will review your matter file and speak to the member of staff who acted for you.
  
• Naresh Kumar will then invite you to a meeting to discuss and hopefully resolve your complaint. He will do this within 14 days of sending you the acknowledgement letter.
• Within three days of the meeting, Naresh Kumar will write to you to confirm what took place and any solutions he has agreed with you.
  
• If you do not want a meeting or it is not possible, Naresh Kumar will send you a detailed written reply to your complaint, including his suggestions for resolving the matter, within 21 days of sending you the acknowledgement letter.
  
• At this stage, if you are still not satisfied, you should contact us again and we will arrange for another partner to review our own decision. This will happen in one of the following ways:

- Another partner of the firm will review Naresh Kumar’s decision within 14 days

- We will invite you to agree to Independent mediation within 14 days. We will let you know how long this process will take.

• We will write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons. If you are still not satisfied, you can then contact the Legal Ombudsman at the below address about your complaint:
  

Legal Ombudsman

PO Box 6167

Slough

SL1 0EH

Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within six years of the act or omission about which you are complaining occurring (or if outside of this period, within three years of when you should reasonably have been aware of it).

As of 01 April 2023 the time periods for reporting a complaint to the Legal Ombudsman is no longer than:

• Within six months of receiving our final response to your complaint

and

• No more than one year from the date of the act or omission being complained about;

or

• No more than one year from the date when you should reasonably have known that there was cause for complaint.

For further information, you should contact the Legal Ombudsman on 0300 555 0333 or at enquiries@legalombudsman.org.uk.

The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.

You can raise your concerns with the Solicitors Regulation Authority.

If you are unhappy about how the LeO or SRA have dealt with your complaint you can complain to the Legal Services Ombudsman (LSO), who is responsible for dealing with complaints about legal professional bodies. The address for the Legal Services Ombudsman is:

Legal Services Ombudsman

3rd Floor Sunlight House

Quay Street Manchester

M3 3JZ

Helpline: 0845 601 0794

E-mail: lso@olso.gsi.gov.uk

In addition to directing a complaint to the Legal Ombudsman (LEO) you will be able to refer your dispute for Alternative Dispute Resolution (ADR). There are three Institutions available to deal with disputes in the legal services sector, namely the Ombudsman Services, Pro Mediate and Small Claims Mediation. If required, we will provide contact details for those mediation services.

Important Changes to Legal Ombudsman Scheme Rules from 1 April 2023

In our June and November editions, we confirmed the Legal Ombudsman (LeO) had published a recovery plan to address the lengthy delays that consumers faced when making complaints. LeO carried out a review of its Scheme Rules to try to enhance its operational efficiency. 

On 28 October 2022, LeO confirmed it will be implementing significant changes to its Scheme Rules, coming into effect on 1 April 2023 (see here a link to the changes). The three main changes are outlined below.

Scheme Rule 4: Time Limits for referring a complaint

The most eye-catching change is the time limit for referring a complaint. Currently the relevant time limit is six years from the date of the act or omission being complained of or within three years of when the complainant should have realised there was cause for a complaint. The new time limit under the amended Scheme Rules is one year, from the act/omission or from the time the complainant should have realised there was cause. This is a big departure and could be perceived by consumers as being too 'firm-friendly'. However, LeO has confirmed it will retain a power under Rule 4.7 to extend the one-year time limit within its discretion. It remains to be seen whether the time limit will have teeth as LeO has not yet given any guidance on how it will exercise this discretion. LeO has, however, confirmed it will publish guidance explaining the time limits and its powers at a later date. Watch this space for developments. 

Firms will need to ensure that all communications to clients reflect the new changes. 

Scheme Rule 5.7 (Ombudsman discretion to discontinue or dismiss a complaint)

The next change is in respect of Rule 5.7, which currently details from (a) to (n) the Ombudsman's discretion to discontinue or dismiss a complaint. These changes to Rule 5.7 are three-fold: the first is in respect of (b) with the introduction of the word 'significant' to 'the complainant has not suffered (and is unlikely to suffer) financial loss, distress, inconvenience or other detriment'. The aim behind this amendment is to allow the Ombudsman to decide what is a proportionate use of its resource and time, i.e. not to waste time on minor issues. The Ombudsman confirms this discretion is to be exercised after the parties have made submissions as to why the complaint should/should not be dismissed. 

The second amendment is to introduce (p), which allows the Ombudsman to consider whether, in light of its size and complexity, it is disproportionate for the complaint to be investigated. Whilst LeO has stated this power will only apply to a 'very small proportion of cases', it will again be supplying guidance and more information in due course on how it will be exercised. 

The final change is the introduction of (q), which states that new issues will not be permitted in ongoing investigations. This change is designed to ensure that the complaint is formalised at the outset and parties cannot 'deliberately protract or delay investigations'. 

Scheme Rule 5.19 (Escalation of cases to an Ombudsman for decision)

The final important change is to Rule 5.19. This change is aimed at reducing the number of complaints put before the Ombudsman for final decision. If no substantive issues are raised by the parties in reply to the findings or remedies by the investigator, the complaint can be 'resolved' on the basis of those findings/remedies. 

The Ombudsman has confirmed that it will still give final decisions on cases where it is necessary to do so, even if no substantive issues have been raised by the parties. The examples given as to when this will be necessary are: (i) where there are 'vulnerability issues'; or (ii) where the final decision itself is needed in order to claim against run-off insurers of the firm. 

Summary

It remains to be seen whether these changes will have the impact LeO is hoping for in dealing with the vast backlog of complaints and future complaints – the time limit change should reduce the number of complaints that go to LeO but not if the discretion is used too often. Firms will need to pay close attention to any guidance published by LeO detailing when and how its new extended powers can be exercised. 

In the meantime, firms should make sure all their communications are amended to reflect the new change to the time limits by 1 April 2023 when the new Rules come into force, as well as making sure they read the full announcement detailing the additional changes.