Complaints Handling Procedure
Hawley and Rodgers aims to provide the highest standard of legal service to every client. We recognise however, that we may not always achieve this aim and want to know about any problems so that we can try to put them right. We value feedback, which provides us with an opportunity to check the quality of our service and to make improvements. We will consider any complaint carefully and objectively, endeavouring to resolve the issues and reach a satisfactory conclusion. The firm operates an internal complaints handling procedure as required by; the Legal Services Act 2007, the Solicitors Regulation Authority Code of Conduct 2019 (the SRA handbook) the Legal Ombudsman scheme rules, and the Legal Aid Agency Standard Contract requirements.
Complaint Handling
1. The firm’s complaint handling procedure may be used for complaints about;
(i) The quality of legal service, or
(ii) Concerns about fees
2. Niall Byrne is the Firm’s Complaint Handling Officer (CHO).
3. Clients will not be charged for the cost of handling a complaint. Clients are entitled to complain.
4. The procedure requires that a formal complaint is acknowledged, a proper investigation undertaken, a record made within a central register, and the client provided with a final report.
5. The Legal Ombudsman (LeO) allows firms 8 weeks to deal with a formal complaint. Ordinarily LeO will not accept a complaint until internal complaints handling is concluded. But if a client remains dissatisfied the client may escalate to the LeO thereafter or following any final report.
HOW TO COMPLAIN
6. The complaints handling procedure envisions 2 steps an informal resolution and a formal complaint.
7. Step 1- Informal Resolution
Simply notify your caseworker or supervisor of your concern. You may do so in writing, by email or orally. Their names and contact details will be in the terms of business letter you received when you first instructed the firm on the relevant matter. Usually this should suffice to resolve the issue or concern. The Firm is keen to promote a resolution informally and quickly.
8. Step 2- Formal Complaint
If a concern is unresolved by informal resolution, you may start our formal complaint’s procedure by raising your complaint with the CHO & Partner, Niall Byrne. A formal complaint can be made by email to nbyrne@hawleyandrodgers.com or by letter to 23 Granby Street, Loughborough LE11 3DY
9. All formal complaints are handled by the Complaint Handling Officer (CHO).
What happens when you make a formal complaint
10. Upon receipt of a written formal complaint the CHO will acknowledge the complaint in writing as soon as possible. The CHO will also make and maintain a record in a central register of complaints and confirm that the formal complaints procedure has been initiated.
11. The complaint will be fully investigated. The CHO will review the matter file and speak to members of staff who acted for you. We normally aim to provide a final response within 6 weeks of the formal complaint. Please note that the Solicitors Regulation Authority and the Legal Ombudsman scheme rules permit 8 weeks for a formal complaint to be investigated.
12. If the complaint is warranted, meaning an unreasonable or inadequate professional service is identified , the CHO will take steps to put matters right and resolve any shortcomings. If the complaint is not upheld an explanation will be offered.
13. The CHO will issue a written final report in response to the complaint. If the client remains dissatisfied, then an appeal to the Legal Ombudsman can be made.
14. An appeal to the Legal Ombudsman should be made within 6 months from the date of the final report. The Legal Ombudsman, can be contacted on:
Legal Ombudsman
PO Box 6806
Wolverhampton
B30 9EB
Visit: www.legalombudsman.org.uk
Call: 0300 555 0333 between 10.00 to 16.00
Email: enquiries@legalombudsman.org.uk
15. Alternative dispute resolution (ADR) bodies exist which are competent to deal with complaints about legal services should both you and our firm wish to use such a scheme. We are willing to enter into an ADR process with subject to your agreement. If this is something you wish consider, please make contact with us as soon as possible. Further information can be found at www.tradingstandards.gov.uk.
16. You cannot Appeal to the Legal Ombudsman and pursue ADR. You must decide which option you prefer.
17. In certain circumstances, you could also refer the matter to the Solicitors Regulation Authority (SRA). This could be things like misconduct, losing your money or treating you unfairly because of your age, a disability or other characteristic. The contact details for the SRA are below: Website: https://www.sra.org.uk/consumers/problems Phone Number: 0370 606 2555 (between 8am to 5pm except Tuesdays 9.30am to 5pm) Contact details: https://www.sra.org.uk/home/contact-us
18. Concerns about fees do not require a formal complaint. The complaint procedure may be used but is unnecessary and can often delay resolution. That is because a formal complaint will automatically trigger a detailed investigation. Clients are advised to contact the caseworker/supervisor and seek an explanation and “informal resolution” before making a formal complaint.
19. Clients wanting to dispute a bill have other rights. If the concern only relates to fees a formal complaint may not be required. A client may be entitled to object to a bill by applying to the Court for an assessment of the bill under Part III of the Solicitors Act 1974. This right may be exercised without raising a complaint. It is a separate entitlement provided by law. Typically, this right exists when a client is personally liable to pay a bill, or in legal aid cases a client is liable for a legal aid contribution or is affected by the Statutory Charge or the Solicitors Charge. 20. If all or part of a disputed unpaid bill is determined to be valid the Firm is entitled to charge interest. This is governed by our terms of business. Accordingly, every effort should be made to minimise additional charges by resolving disputed bills swiftly.
Solicitors Regulation Authority (SRA)
The SRA 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 .
Legal Ombudsman
The Legal Ombudsman can help if we are unable to resolve your complaint ourselves. The Legal Ombudsman will look at your complaint independently and it will not affect how we handle your case.
Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:
- within six months of receiving our final response to your complaint; and
- no more than:
- six years from the date of act/omission; or
- three years from when you should reasonably have known there was cause for complaint.
If you would like more information about the Legal Ombudsman, please use the contact details below:
Visit: www.legalombudsman.org.uk
Call: 0300 555 0333 between 9am to 5pm.
Email: enquiries@legalombudsman.org.uk
Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ
The Legal Ombudsman deals with complaints by consumers and very small businesses. This means some clients may not have the right to complain to the Legal Ombudsman, eg charities or clubs with an annual income of more than £1m, trustees of trusts with asset value of more than £1m and most businesses (unless they are defined as micro-enterprises). This does not prevent you from making a complaint directly to us.