BARRATTS SOLICITORS
COMPLAINTS HANDLING PROCEDURE
Definitions
A Complaint is any expression of dissatisfaction. Usually an initial complaint will be dealt with informally by the person with conduct of their claim, but if this cannot be resolved to the client’s satisfaction then notice must be given of the company’s formal complaint process.
A formal complaint is any complaint sent in writing to the partner responsible for handling complaints, Alison Brooks. Any formal complaint made against Alison Brooks will be referred to Ross Brain in his capacity as managing partner.
Client’s Rights
All formal complaints will be reviewed in accordance with the latest SRA codes of conduct. From the outset, a standard letter detailing our complaints process will be sent to the client which will include timeframes, rights of the client and right to complain to the Legal Ombudsman. Costs of dealing with a complaint will not be charged.
The Complaints Process
If an informal complaint is made you should initially contact the person with the day-to-day conduct of your file, or the supervising partner. It will be recorded on the matter file and if it has been dealt with to your satisfaction , you should expect this to be confirmed to you in writing along with details of the resolution (e.g. an apology, changes to procedures) to avoid future problems occurring, if appropriate.
All our staff are under a duty to resolve informal complaints from a client as soon as practicable. We hope that by continually improving our service and listening to our client’s needs, there will be no need for a client to make a formal complaint. However, if a formal complaint becomes necessary we operate a first and second-tier review process.
All formal complaints must be made in writing and sent (by post or email) to Alison Brooks, our client care partner.
First Tier Review
Where a formal complaint is received, the complaints handler will acknowledge the complaint within 5 working days and remind the client of the complaints process as set out above. The complaints handler will review the matter file within 28 days of sending the acknowledgement letter, if possible. If the complaint cannot be reviewed in this time period the client will be told and reasons given for the delay.
The response will restate our understanding of the complaint; it will also confirm our decision and how we reached it.
If there is evidence of poor service this will be acknowledged. The company will consider a remedy, if appropriate, which might include:
- an apology
- putting things right
- reducing the bill or limiting fees
- compensation
If there is no evidence of poor service, the complaints handler will fully explain how they reached that decision and, if possible, give evidence in support.
Second Tier Review
If you feel that our first-tier review has not addressed your concerns or if you are unhappy with the outcome, we ask that you let us know in writing what you remain dissatisfied with and why, and you can request a second-tier review of your complaint, if you want to.
We will acknowledge receipt of your correspondence informing us that your complaint is unresolved within 3 (three) working days of receiving it and confirm that we will carry out a second-tier review, provided one has been requested.
In the second-tier review another another partner of the firm (or senior fee earner) will review the original complaint, our first-tier response and your follow up concerns. It will also include discussions with the relevant staff, if appropriate, and a reading of the file.
We would expect to finalise a second-tier review within 14 days (2 weeks) of our letter to you acknowledging receipt of your unresolved complaint. If our second-tier review is likely to take longer than 14 days (2 weeks), we will let you know in writing and will set out our reasons for any delay.
The outcome of our second-tier review will be our final response to your complaint.
If the formal complaint is not upheld at the second tier review then the client will again be informed of their right to complain to the Legal Ombudsman and/or an approved ADR body.
If the formal complaint is satisfactorily resolved the details will be confirmed in writing to the client and a record of the complaint and the remedy kept.
Our final response will include:
- a brief outline of the complaint
- the decision made and how it was reached
- what remedies were offered, if any
- details of any further remedies which may be available to you; and
- confirmation that your complaint is now closed
If a client wishes to re-instruct us or continue with a retainer where complaint matters are not resolved, the Director Partners of the business will consider if Barratts can continue to act or not.
Potential Negligence
If a formal complaint reveals evidence of a potential claim in negligence against Barratts Solicitors the company’s professional indemnity insurers will be contacted by Alison Brooks, as appropriate. All the Directors of the company will also be notified. In these circumstances, it may not be appropriate to offer an apology to the client without the insurer’s consent.
Recording of Complaints
Informal resolved complaints will be noted in writing on the matter file only. A letter will be sent to the client confirming the basis on which the complaint has been resolved.
A written folder of formal complaints will be kept and maintained by the complaints officer, setting out details of each formal complaint, correspondence and outcomes.
Annual monitoring of complaints will be undertaken by the complaints officer to:
- identify trends to consider any procedures or processes which need to be amended to improve services
- consider if policy or procedure changes have reduced the level of complaints
- assess the effectiveness of internal complaint resolution
- build up an understanding of appropriate remedies to common complaints.
