CHAMBERS COMPLAINTS PROCEDURE

1.      It is the aim of chambers to always deliver a high standard of service. If, however you have a complaint please let us know at the earliest opportunity. Complaints may be dealt with informally or formally. In the first instance an initial complaint can be made by telephone, without instigating the chambers formal complaints procedure. Discussing the matter directly with the person concerned may be the easiest way to resolve an issue.

2.      Chambers will only consider complaints that are raised within the time limits as specified on the Legal Ombudsman’s website. (https://legalombudsman.org.uk) Chambers will not consider a complaint brought after the expiration of this time.

3.      The Legal Ombudsman time limits within which to make a complaint are as follows:

a)      Six years from the date of the act/omission,

b)     Three years from the date that the complainant should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than 6 years ago),

c)      Within six months of the complaint receiving a final response from their lawyer, if that response complies with the requirements in rule 4.4 of the scheme rules (which requires the response to include prominently an explanation that the Legal Ombudsman was available if the complainant remained dissatisfied and the provision of full contact details for the Ombudsman and a warning that the complaint must be referred to them within six months).

4.      The Ombudsman can extend the time limit in exceptional circumstances. Chambers must therefore have regard to that timeframe when deciding if to investigate the complaint. Chambers will not deal with complaints outside the Legal Ombudsman’s time limits.

5.      The Ombudsman will also only deal with complaints from consumers. This means that only complaints from the Barrister’s client are within their jurisdiction. Non-clients who are not satisfied with the outcome of the Chambers’ investigation may raise the issue with the Bar Standards Board. (https://www.barstandardsboard.org.uk).

6.      It should be noted that it may not always be possible to investigate a complaint brought by a non-client. This is because the ability of Chambers to satisfactorily investigate and resolve such matters is limited and complaints of this nature are often better suited to the disciplinary processes maintained by the Bar Standards Board. Therefore, Chambers will make an initial assessment of the complaint and if they feel that the issues raised cannot be satisfactorily resolved through the Chambers complaints process, they will refer you to the Bar Standards Board.

Complaints Made by Telephone

7.      You may wish to make a complaint in writing and, if so, please follow the procedure in paragraph 9 and 10 below. However, if you would rather speak on the telephone about your complaint then please telephone the individual nominated under the Chambers Complaints Procedure to deal with complaints – Gary Fern Head of Chambers. The person you contact will make a note of the details of your complaint and what you would like done about it. He will discuss your concerns with you and aim to resolve them. If the matter is resolved he will record the outcome, check that you are satisfied with the outcome and record that you are satisfied. You may also wish to record the outcome of the telephone discussion in writing.

8.      If your complaint is not resolved on the telephone, you will be invited to write to us about it so it can be investigated formally. If the complaint deals with a professional negligence issue it will be forwarded to the BMIF the barrister’s indemnity insurers to deal with the complaint. (https://barmutual.co.uk).

Complaints Made in Writing

9.      Please provide the following details: Your name and address, which member(s) of Chambers you are complaining about, the detail of the complaint and what you would like done about it.

10.  Please address your letter to Gary Fern, Head of Chambers, 7 Stones IP and Commercial Chambers, 4/4a Bloomsbury Square, London WC1A 2RP. We will, where possible, acknowledge receipt of your complaint within two working days and provide you with details of how your complaint will be dealt with.

11.  There are several ways in which your complaint may be dealt with:

a)      discussion over the telephone.

b)     dealt with by correspondence.

c)      discussion at a meeting between us.

d)     the appointment of a mediator who will try to facilitate the resolution of your complaint.

e)      the appointment of an arbitrator whose decision we both agree shall be binding.

12.  If we decide to appoint an arbitrator, we both would need to agree how the arbitrator should approach his/her task and the limit of the compensation that can be awarded. The Bar Sole Practitioners Group (BSPG) or local circuit will be approached, and a barrister will be appointed to arbitrate. We will decide together whether it will be the BSPG or the local Circuit who should be approached. However, neither of us may veto the person chosen. It is expected that the BSPG and the Circuit will choose someone who has considerable experience in the area that is the subject matter of the dispute.

13.  Upon receipt of a written complaint, I will

a)   Reply in writing, normally within 48 hours, to acknowledge the complaint and inform you how I shall be dealing with it.

b)   reply within 14 days responding in full to your complaint. I will offer you the opportunity to meet with you if that is appropriate. If I find later that I am not going to be able to reply within 14 days, I will set a new date for my reply and inform you. My reply will set out:

I.   The nature and scope of my investigation.

II.  My conclusion on each complaint and the basis for my conclusion; and

III.  If I find that you are justified in your complaint, my proposals for resolving the complaint.

c)      if you indicate that you are not happy with my written response you may ask for mediation or arbitration or you may make a formal complaint to the Bar Standards Board. You are free to make a complaint to the Bar Standards Board at any stage should you decide that you do not want to submit a complaint directly to me. Please note as detailed in 3 above that the Bar Standards Board has time limits in which you may make a complaint.

They can be contacted at:

Bar Standards Board

289-293 High Holborn

London

WC1V 7HZ

Tel:     020 7611 1444

Website https://www.barstandardsboard.org.uk

Confidentiality

14.  I will always maintain confidentiality and discuss your complaint only to the extent that is necessary for its resolution and to comply with requests for information from the Bar Standards Board discharging its auditing and monitoring functions.   

Our Policy

15.  As part of our commitment to client care we keep a written record of any complaint and will retain all correspondence and other documents generated during your complaint for a period of six years and I will review complaints at least once a year to ensure that I maintain good standards of service.

Complaints to the Legal Ombudsman

16.  If you are unhappy with the outcome of your complaint you may take it to the Legal Ombudsman, at the conclusion of our consideration of the complaint. Certain time limits apply:

(1)   Six years from the date of the act or omission

(2)   Three years from the date that the complainant should reasonably have known there were grounds for complaint (if the act or omission took place before the 6 October 2010 or was more than six years ago).

(3)   Within six months of the complaint receiving a final response, if that response complies with rule 4.4 of the Scheme Rules (which requires the response to include prominently an explanation that the Legal Ombudsman was available if the complainant remained dissatisfied and the provision of full contact details for the Ombudsman and a warning that the complaint must be referred to them within six months).

The address is.

The Legal Ombudsman

PO Box 6806

Wolverhampton

WV1 9WJ

0300 555 0333

Email:  enquiries@legalombudsman.org.uk

Website:  https://www.legalombudsman.org.uk.

Decision data is searchable on the Legal Ombudsman site at: 

 Web: https://www.legalombudsman.org.uk/information-centre/data-centre/ombudsman-decision-data/.