T.G.COLLINS SOLICITORS

Complaints Procedure

1.0        Our Complaints Policy:

We are committed to providing the best possible service to all our Clients.  However, if at any point you become unhappy or concerned about the service we have provided, or your bill, then you should inform us immediately, so that we can do our best to resolve the problem.

In the first instance it may be helpful to contact the fee earner with conduct of your matter to discuss your concerns and they will do their best to resolve any issues.

• If you would like to make a complaint then please contact our Business Manager, Mr Amrinder Singh on 01268 649033 or by email on [email protected] or by post with the details. We will send you a copy of our Complaints Letter Template or you can let us know how you prefer to communicate your complaint to us e.g. a meeting at the office or a letter detailing your complaint. Please note that we only investigate formal complaints made in writing.
• We have eight weeks to consider and respond to your complaint. If we have not resolved it within this time you may complain to the Legal Ombudsman.
• A complaint is defined by the Legal Services Commission as:

“any expression of client dissatisfaction, however it is expressed”.

• There is no charge for handling your complaint and making a complaint does not affect how we handle your case.

2.0        What Will Happen Next?

In order to progress matters efficiently we aim to observe the following timetable but ask that you treat the response dates as targets only:

2.1  Within 2 working days of receiving a formal written complaint we will send you a letter acknowledging your complaint and inviting you to confirm or explain the details by completing and returning the Complaint Form or arranging an alternate way to communicate to us e.g. a meeting at the office, if appropriate.

2.2        We will record your complaint in our Central Register and open a separate file for your complaint.

2.3        Within a further five working days of receipt of your Complaint Form or letter of complaint or your complaint having been communicated to us in an alternate agreed method, we will acknowledge it and confirm what will happen next.

2.4        We will also let you know the name of the person who will be dealing with your complaint.

2.5        We will then start to investigate your complaint.  This will normally involve the following steps:-

• We will pass your complaint to the Principal Solicitor, Mrs Thushara Collins handling your complaint;
• The Principal Solicitor will ask the member of staff who acted for you to comment upon your complaint.
• The Principal Solicitor will then examine his or her reply and the information you have provided and if necessary go through it with the member of staff and examine the file.
• The Principal Solicitor will then make contact with you within 40 working days of the acknowledgement of your Complaint to put forward the Firm’s suggestions to resolve the matter. The contact may take the form of either a letter or email, or an invitation to a personal meeting or both.

2.6        If a meeting takes place, the Principal Solicitor will write to you to confirm the fact and any solutions he/she has agreed with you within 5 working days of the meeting.

3.0       Legal Ombudsman:

If you are not satisfied you can write email to Ombudsman (address below).

3.1 After Complaining to the Authorised Person

3.1.1 Ordinarily, a complainant cannot use the Legal Ombudsman unless the complainant has first used the authorised person’s complaints procedure (as referred to in Chapter 3).[^31]

3.2 Time Limit from Authorised Person’s Final Response

3.2.1 A complainant can refer a complaint to the Legal Ombudsman if:

• 3.2.1(a) The complaint has not been resolved to the complainant’s satisfaction within eight weeks of being made to the authorised person; or

• 3.2.1(b) An ombudsman considers that there are exceptional reasons to consider the complaint sooner, or without it having first been made to the authorised person; or

• 3.2.1(c) An ombudsman considers that in-house resolution is not possible due to an irretrievable breakdown in the relationship between the authorised person and the complainant.

3.2.2 For example, an ombudsman may decide to consider the complaint if the authorised person has refused to consider it, or where delay would be detrimental to the complainant.

3.3 Time Limit Based on the Final Response

3.3.1 This time limit applies only if the authorised person’s written response to a complaint prominently included:

• 3.3.1(a) An explanation that the Legal Ombudsman is available if the complainant remains dissatisfied;

• 3.3.1(b) Full contact details for the Legal Ombudsman; and

• 3.3.1(c) A warning that the complaint must be referred to the Legal Ombudsman within six months of the date of the written response.

3.3.2 If (and only if) the conditions in 3.3.1 are satisfied, the complainant must ordinarily refer the complaint to the Legal Ombudsman within six months of the date of that written response.

3.4 Time Limit from Act or Omission

3.4.1 Ordinarily, a complainant must refer their complaint to the Legal Ombudsman no later than:

• 3.4.1(a) One year from the act or omission; or

• 3.4.1(b) One year from the date on which the complainant should reasonably have known there was cause for complaint.[^33]

3.4.2 In relation to 3.4.1:

• 3.4.2(a) Where a complaint is referred by a personal representative or beneficiary of the estate of a deceased person who had not referred the complaint during their lifetime, the period runs from when the deceased should reasonably have known there was cause for complaint; and

• 3.4.2(b) The assessment of when the complainant (or deceased) should reasonably have known there was cause for complaint will be based on their own knowledge, disregarding what they might have been told had they sought advice.

3.5 Ombudsman’s Discretion to Extend Time Limits

3.5.1 If an ombudsman considers it fair and reasonable in all the circumstances, they may extend any of these time limits to the extent they consider fair.[^34]

3.5.2 For example, an ombudsman:

• 3.5.2(a) Might extend a time limit if the complainant was prevented from meeting it due to serious illness; and

• 3.5.2(b) Is likely to extend a time limit where the time limit had not expired when the complainant initially raised the complaint with the authorised person.

If you would like more information about the Legal Ombudsman, please contact them on:

Visit: www.legalombudsman.org.uk

Call: 0300 555 0333 between 9.00am to 5.00pm. Calls to 03 numbers will cost no more than calls to national geographic numbers (starting 01 or 02) from both mobiles and landlines.  Calls are recorded and may be used for training and monitoring purposes.

For minicom call 0300 555 0333

Email: [email protected]

Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ.

4.0        Timescales:

            If we have to change our timescales above, we will let you know and explain the reasons.

5.0        The Solicitors Regulation Authority    

The Solicitors Regulation Authority can help you if you are concerned about our behavior.  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

Reviewed 28^th May 2024 Thushara Collins