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Complaints
We very much hope that you have no reason to complain, but on occasion things can go wrong or appear to go wrong. If therefore, at any point you become unhappy or concerned about the service we provided then you should inform us immediately, so that we can do our best to resolve the problem as quickly as possible.
In the first instance we would ask that you contact the fee earner dealing with your case. He or she will discuss your concerns and we will do our best to resolve any issues at this stage. You can, however, choose to raise a formal complaint directly with our complaints’ partner who is Melissa Fagan, you can read our full complaints procedure below. Making a complaint will not affect how we handle your case. |
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How the complaint will be dealt with
Melissa Fagan is our designated complaints partner. If your compliant is against her, another partner will investigate. The partner dealing with your complaint will look at the file and ask for full details of your complaint from you either in writing or by interview. The complaints’ partner will write to you enclosing a copy of the “Complaints’ policy” and explain:
Your complaint will be recorded and centrally logged in the Complaints Register.
When investigating the complaint, the complaints’ partner will speak to the fee earner concerned, will review the procedures applicable to the case, will ascertain whether the correct procedures have been followed and, if so, whether the procedure itself is defective. The complaints’ partner will make a decision if the complaint is to be upheld.
Possible remedies include:
The complaints' partner will decide which of these possible remedies is appropriate to the specific case.
What happens after a complaint
If you are satisfied once we have investigated your concerns, we may be able to continue to act for you.
However, in some circumstances, if the solicitor/client relationship has broken down completely, it may be that another fee earner will take over the conduct of the file. Every effort will be made to repair any damage in your relationship us.
If, for any reason, we are not able to continue to deal with your case, we shall promptly forward the file to new solicitors of your choice.
If you are not satisfied with the handling of your complaint then you can contact The Legal Ombudsman. The legal Ombudsman gives us a maximum of eight weeks to resolve your complaint. Once the eight week period has passed the Legal Ombudsman will normally accept the complaint for investigation even if it has not been fully dealt with by us.
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:
The Legal Ombudsman can be contacted by visiting: www.legalombudsman.org.uk
Alternative complaints bodies (such as Small Claims Mediation) exist which are competent to deal with complaints about legal services should both you and our firm agree to use such a scheme. Stock Moran Swalwell do not agree to use Small Claims Mediation.
When to take a complaint to the Solicitors Regulation Authority
The Solicitors Regulation Authority (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.
The Solicitors Regulation Authority can be contacted by visiting: www.sra.org.uk
Melissa Fagan is our designated complaints partner. If your compliant is against her, another partner will investigate. The partner dealing with your complaint will look at the file and ask for full details of your complaint from you either in writing or by interview. The complaints’ partner will write to you enclosing a copy of the “Complaints’ policy” and explain:
- ·How the complaint will be investigated
- How long the investigation is likely to take
- are satisfied that the complaint has been dealt with seriously
- get a prompt and appropriate response
- get an assurance that the matter is being reviewed
- are notified as soon as possible of the outcome.
Your complaint will be recorded and centrally logged in the Complaints Register.
When investigating the complaint, the complaints’ partner will speak to the fee earner concerned, will review the procedures applicable to the case, will ascertain whether the correct procedures have been followed and, if so, whether the procedure itself is defective. The complaints’ partner will make a decision if the complaint is to be upheld.
Possible remedies include:
- An apology from the Practice and an assurance that it will not happen again, and that we will try to do better
- A reduction in the bill, or abatement of the bill in total
- Notification to you that the cause of the problem has been identified and unsatisfactory procedures have been rectified
- Notification to you of your right to complain to the Legal Ombudsman either as a matter of professional conduct, or the Practice's inadequate professional services
- Notification to you of your right to complain to the Solicitors Regulation Authority either as a matter of professional conduct, or the Practice’s inadequate professional services
- Notification to you of your right to consult another solicitor and obtain advice as to whether we have been negligent.
The complaints' partner will decide which of these possible remedies is appropriate to the specific case.
What happens after a complaint
If you are satisfied once we have investigated your concerns, we may be able to continue to act for you.
However, in some circumstances, if the solicitor/client relationship has broken down completely, it may be that another fee earner will take over the conduct of the file. Every effort will be made to repair any damage in your relationship us.
If, for any reason, we are not able to continue to deal with your case, we shall promptly forward the file to new solicitors of your choice.
If you are not satisfied with the handling of your complaint then you can contact The Legal Ombudsman. The legal Ombudsman gives us a maximum of eight weeks to resolve your complaint. Once the eight week period has passed the Legal Ombudsman will normally accept the complaint for investigation even if it has not been fully dealt with by us.
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 a final response to your complaint and
- No more than six years from the date of act/omission; or
- No more than three years from when you should reasonably have known there was cause for complaint
The Legal Ombudsman can be contacted by visiting: www.legalombudsman.org.uk
- Telephone number: 0300 555 0333
- Email: enquiries@legalombudsman.org.uk
- The Legal Ombudsman: PO Box 6806, Wolverhampton, WV1 9WJ.
Alternative complaints bodies (such as Small Claims Mediation) exist which are competent to deal with complaints about legal services should both you and our firm agree to use such a scheme. Stock Moran Swalwell do not agree to use Small Claims Mediation.
When to take a complaint to the Solicitors Regulation Authority
The Solicitors Regulation Authority (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.
The Solicitors Regulation Authority can be contacted by visiting: www.sra.org.uk
- Telephone number: 0370 606 2555 · Email: report@sra.org.uk
- The Solicitors Regulation Authority: The Cube, 199 Wharfside Street, Birmingham, B1 1RN
