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.
Our Complaints Procedure
If you have a complaint, please contact our client care partner, Mr Greg Cloke. You can contact him at our office at 1 The Square Barnstaple Devon EX32 8LS, greg.cloke@bhrlaw.co.uk and 01271 340669.
What will happen next?
We will record your complaint in our central register and open a file for your complaint. We will send you a letter within 5 working days acknowledging your complaint and asking you to confirm or explain the details. We will also let you know the name of the person dealing with the complaint. We will investigate your complaint by examining the relevant file and discussing it with the staff involved in your matter. We will write to you with our detailed findings. In appropriate cases we would offer an apology, compensation, a reduction of any bill or repayment in relation to any payment received.
At this stage, if you are still not satisfied, please let us know. We will then arrange to review our decision. We would generally aim to do this within 10 working days. This will happen in one of the following ways.
- Our client care partner will review the decision.
- We will arrange for someone in the firm who has not been involved in your complaint to review it.
We will let you know the result within 5 working days of the end of the review. At this time we will write to you confirming our final position on the complaint and explaining our reasons. If we have to change any of the timescales set out above we will let you know and explain why.
If we are unable to resolve the complaint with you then you can have the complaint independently looked at by the Legal Ombudsman. 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 may take your complaint to the Legal Ombudsman within six months of receiving a final response to your complaint. Please bear in mind that you only have six months from the end of our complaints procedure to bring your complaint to the Legal Ombudsman.
In most cases, we seek to resolve your complaint within 8 weeks. Generally, if we have not resolved your complaint within 8 weeks, you may take your complaint to the Legal Ombudsman. However, in exceptional circumstances the complaints investigation may take longer than 8 weeks however, if this is the case you will be advised accordingly. If this is relevant, then you will have to wait until the end of our formal response before complaining to the Legal Ombudsman within six months from the date you have received that final response.
If you would like more information about the Legal Ombudsman please contact them:
Contact details
Visit www.legalombudsman.org.uk
Call 03005550333 between 9am to 5pm.
Email enquiries@legalombudsman.org.uk
Legal Ombudsman, PO Box 6167, Slough, SL1 0EH
Please note, from 1 April 2023 the time limits for referring a complaint to the Legal Ombudsman will be not later than:
- 1 year from the date of the act or omission being complained about; or
- 1 year from the date when the complainant should have realised that there was cause for complaint.
This is subject to the fact that the Legal Ombudsman has a discretion to extend the one year time limit for specific customers if, on the evidence, it is fair and reasonable to do so.
You can learn more about the Legal Ombudsman Scheme Rules here.
Legal Ombudsman Updates 1 April 2023
In 2023 the Legal Ombudsman (LeO) undertook a review of its Scheme Rules to identify opportunities to improve the customer experience by enhancing operational efficiency, removing historic obstacles to resolving cases both quickly and with minimum formality, and to create a platform for the continued evolution of the Scheme in the years to come.
The review also focused on ensuring that any proposed changes continue to support the delivery of the regulatory objectives and reflect LeO’s new operational processes. Following consultation between February and April 2022, the final proposals were submitted to the Legal Services Board (LSB) and approved in July.
The new Scheme Rules, which are outlined below, went live on 1 April 2023. There are three key areas for change, alongside several additional minor technical changes. These are outlined below:
Scheme Rule 4: Time Limits
From 1 April 2023, the time limits for referring a complaint to the Legal Ombudsman will be not later than:
- one year from the date of the act or omission being complained about; or
- one year from the date when the complainant should have realised that there was cause for complaint.
The Legal Ombudsman will retain the ability to apply Rule 4.7, which allows an Ombudsman to exercise discretion to extend the 1 year time limit for specific customers if, on the evidence, it was fair and reasonable to do so.
The communication of the change to time limits is key and it will be important that the communication service providers provide to their clients is amended from 1 April 2023 to reflect the new time limits. This will include information published on service providers websites as well as any signposting or guidance document providers may use which outline when a complaint can be taken to the Ombudsman. The Legal Ombudsman will also ensure that information and guidance on time limits is clear and accessible through all of its customer channels. The circumstances in which discretion can be exercised and how customers can request that it be exercised will also be published on LeO’s website.
Scheme Rule 5.7: Ombudsman discretion to dismiss or discontinue a complaint
Rule 5.7(b)
LeO will be introducing the word ‘significant’ within Rule 5.7(b) which will allow an Ombudsman to consider whether it is a proportionate use of resource and time to investigate a complaint where the detriment to the complainant is not significant.
The introduction of ‘significant’ provides for cases to be dismissed if the loss, detriment, or impact is deemed minor enough that it would be disproportionate to conduct a full investigation whereas under current wording a complaint can only be dismissed under this rule if there has been no loss or detriment.
As with all dismissals under Rule 5.7 it is important to note that this is a discretion to dismiss that can only be exercised by an Ombudsman and only after the parties have been given the opportunity to explain why the complaint should not be dismissed.
Rule 5.7(p)
The introduction of Rule 5.7(p) will provide an Ombudsman with the opportunity to consider if a case should be dismissed on the basis that the size and complexity of the complaint means that it would be disproportionate for it to be investigated.
It is important to note that this Rule would apply to a very small proportion of cases and then only to those where it is considered disproportionate, unreasonable or even impossible for LeO to investigate the complaint. LeO will be producing and publishing guidance which outlines the circumstances in which this rule can be applied.
Rule 5.7(q)
The introduction of Rule 5.7(q) will ensure that new issues cannot be added to an ongoing investigation if they were already known to the complainant at the time the investigation commenced- but were not included within the complaint at that time. This will ensure that one an investigation has commenced, all parties have certainty as to the issues that have been raised.
It also ensures that parties cannot deliberately protract or delay investigations by seeking to add additional grounds to the scope of the original complaint.
Rule 5.19: Escalation of cases to an Ombudsman for decision
There will be a revision to Rule 5.19(c) to enable an Ombudsman to conclude that a final decision is not needed on a case if no substantive issues have been raised in response to the investigator’s findings or remedy. In those circumstances, the case would be deemed to have been resolved by the investigator’s findings, using an amended version of the existing Rule 5.20 provision.
An Ombudsman will still have discretion to pass a case for final decision irrespective of the responses to the investigator’s findings if, for example, there were vulnerability issues, or if the service provider has closed and a decision is needed for a claim against the firm’s run off insurance, or if the decision was needed for enforcement purposes.
Minor amendments will also be made to the following Scheme Rules:
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Rule 1.1:
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Removing reference to obsolete dates.
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Rule 2.1:
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Addressing historic drafting errors.
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Rule 2.8:
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Formalising the position on complaints by beneficiaries.
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Rule 4.5:
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Removing reference to obsolete dates.
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Rule 5.4:
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Addressing formal challenges to ongoing investigations.
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Rule 5.7(a):
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Clarifying discretion to dismiss a complaint.
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Rule 5.7(c):
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Ombudsman discretion to dismiss or discontinue a complaint (reasonable offer made) clarification.
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Rule 5.7(d):
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Clarifying discretion to dismiss a complaint.
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Rule 5.20:
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Addressing situations where investigator’s findings and recommendations are not accepted.
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Rule 5.33:
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Addressing when an Ombudsman can direct that a hearing is required.
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Rule 5.55:
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Allowing the Legal Ombudsman to rectify uncontested errors.
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Rule 5.62:
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Updating reference to relevant data protection legislation.
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We are continuing to engage with regulators and professional bodies to ensure that they are fully sighted on the changes to our Scheme Rules and we will work with them to ensure that signposting information and complaints handling processes are up to date.
Further correspondence will be sent out in due course.