Complaint Procedure

Call 01905 727700 or email mail@scaiff.co.uk

Complaints Handling Policy

Introduction

We value all our clients and take complaints very seriously.

Speed is our top priority when handling complaints. We recognize that the longer the complaint is unresolved, the more irritated you may become - and understandably so.

All our staff are made aware of our procedures for handling complaints and should be open-minded, positive and understand if you need to make a complaint.

Our complaints procedure applies to all complaints, including complaints in relation to the work we are doing for you and complaints about bills. It is divided into three levels.

Level One

Initially we hope that you will raise any difficulties with the member of our staff undertaking your work, either verbally or in writing. We hope that most problems or misunderstandings will be resolved at this level.

Staff receiving a complaint are required to complete a file note explaining the details of the complaint, what was said by both parties and the action taken. One copy of the file note will be retained on your file and a second copy will be forwarded to the Complaints Handling partner.

Level Two

If you would rather not speak to the person handing your matter about your complaint, or you remain unhappy after speaking to them about it, please contact the Complaints Handling partner, who is Simon Shaw. If he is unavailable, or the complaint is about him, another senior person will take the role of complaints handler. You may write, email sshaw@scaiff.co.uk or telephone 01905 727700.

Within two working days of him receiving the complaint, the Complaints Handling Partner (or a delegate) will write to you acknowledging your complaint and ask you to confirm or explain the details if you have not already done so. A copy of this procedure will be enclosed with the letter.

The Complaints Handling Partner or delegate will then investigate your complaint. This will normally involve reviewing your matter file and speaking to the member of staff acting on your behalf.

The Complaints Handling Partner or delegate will send you a detailed written reply to your complaint, including suggestions for resolving the matter, within 21 days of sending you the acknowledgement letter. The letter will confirm our position on the complaint and explain our reasons.

If we have to change any of the timescales above, we will let you know and explain why.

Level Three - Complaints to the Legal Ombudsman

If we are unable to resolve a complaint about our service or your bill to your satisfaction, or if we do not give you our final response to your complaint within 8 weeks of you formally lodging it, you can ask the Legal Ombudsman to consider the complaint. The Legal Ombudsman is the statutory complaints handling body for complaints about solicitors and can be contacted at PO Box 6806, Wolverhampton WV1 9WJ or enquiries@legalombudsman.org.uk or by telephone on 0300 555 0333.

In the case of a complaint about your bill, you may be entitled to have your bill assessed by the court under Sections 70 – 72 of the Solicitors Act 1974. If any bill, or part of a bill remains unpaid whilst a complaint is under investigation, we may be entitled to charge interest if the bill is upheld. Please note that, if you exercise your right to have a bill assessed by the court, the Legal Ombudsman may not be able to consider your complaint.

Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within six years of the act or omission about which you are complaining occurring (or if outside of this period, within three years of when you should reasonably have been aware of it).

Please note that to be entitled to complain to the Legal Ombudsman, you must be:

  1. An individual;
  2. A business or enterprise that is a micro-enterprise (European Union definition[1]);
  3. A charity that has an annual income, net of tax, of less than £1 million;
  4. A club/association/organisation, the affairs of which are managed by its members/a committee/a committee of its members, that has an annual income, net of tax, of less than £1 million;
  5. A trustee of a trust with an asset value of less than £1 million; or
  6. A personal representative or beneficiary of the estate of a person who, before they died, had not referred the complaint to the Legal Ombudsman.

Alternative Complaints Handling Body

Under EU law, we are required to inform you that alternative complaints handling bodies (such Pro mediate, Brow Farm, Top Road, Frodsham, Cheshire WA6 6SP, 01928 732455, www.promediate.co.uk) exist which are able to deal with complaints about legal services should both you and we wish to use such a scheme. However, given that the decision of a mediator is not binding on you or us we see no benefit in this and it will be unusual for us to agree to a reference to such a body.

Complaints Review

The Complaints Handling Partner reviews complaints records regularly and reports to the firm’s Management Board on all trends. It is our policy to address any underlying problems and, in this way, use complaints data to prevent future difficulties.

Our staff are regularly made aware of general complaints issues to remind them of how to handle complaints from clients and to raise awareness of issues that generate complaints.

[1] Micro enterprises are defined as enterprises which employ fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed €2 million. (Article 1 and Article 2(1) and (3) of the Annex to Commission Recommendation 2003/361/EC, as that Recommendation had effect at the date it was adopted.)

Members: Simon Shaw, Elizabeth Rimell.
All members of Scaiff LLP are solicitors of England and Wales. Individuals referred to in this website and elsewhere as 'partners' are members of Scaiff LLP or an employee or consultant with equivalent standing and qualifications.
Authorised and regulated by the Solicitors' Regulation Authority. The Authority's rules can be accessed at rules.sra.org.uk
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