Our Policies
Details of our policies and complaints procedure
Professional Indemnity
In accordance with SRA requirements we maintain compulsory professional indemnity insurance to a total level of £3 million, however we have never had to make an insurance claim.
Confidentiality
We owe our clients a duty of confidentiality in respect of the information we obtain from them during the course of their case.
We will keep as confidential all the information about our clients and their affairs unless:
- It is in the public domain or we already had the information.
- Another person, or organisation, with full authority has given it to us.
- They tell us to release the information.
- We have to release it by law.
- We must release it because of the nature of the work we are doing for the client.
From time to time our files are examined by external auditors such as the Solicitors Regulatory Authority and the Legal Aid Agency but these external organisations are themselves required to maintain confidentiality in respect of our files.
Data protection and using data
We are bound by the Data Protection Act 1998. All files will be stored electronically where possible. After finishing a case we will store the digital file and papers that have not been returned for whatever period of time we consider reasonable in the circumstances or as required by law. As part of our service we may need to share information with other people involved in cases, which could include the courts, barristers, other lawyers involved in the case, appointed agents and our service providers. All will be bound by the same rules. If we have a legal duty to release personal information as part of the work we are doing, we will only release what is reasonable and appropriate. When clients provide us with their personal information they consent to us processing it under our duty, unless they tell us specifically not to.
We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service, we have provided then you should inform us immediately, so that we can do our best to resolve the problem.
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Complainant Handling Procedure
In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues. If you would like to make a formal complaint, then you can read our full complaints procedure below. Making a complaint will not affect how we handle your case.
What to do if we cannot resolve your complaint
The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They 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.
If you would like more information about the Legal Ombudsman, please contact them.
Contact details
Visit: www.legalombudsman.org.uk
Call: 0300 555 0333 between 9.00 to 17.00.
Email: enquiries@legalombudsman.org.uk
Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ
What to do if you are unhappy with our behaviour
The Solicitors Regulation Authority can help 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.
Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority.
Complaints procedure:
(a) A complaint may be initiated in person by the complainant, by letter, telephone, fax or email, but it must be in or confirmed and detailed in writing/email. If a file is set up, then the client will have been informed in writing to whom they are to complain but if it is telephone advice then the client should be told to whom they can complain in every case.
(b) If approached by anyone wanting to make a complaint staff should advise the client to email or write details of their complaint to Alan Walker who is the Complaint’s manager
(c) Alan Walker will decide whether the complaint or negligence allegation is a formal one to which the set procedures should apply, or merely a comment upon the quality of the service or an expression of dissatisfaction. If the latter, such decision should be put upon the case file and, the fee earner, will make direct attempts to resolve any issues or problems.
(d) If found to be formal, Alan Walker will investigate the complaint and negligence allegation and:
• Obtain a report from the fee earner.
• Make a fair and independent finding as to whether it is justified.
• Write to the client or complainer and explain the decision and the reasons for it.
• Take any remedial action including retraining of staff, making an apology to the client, discounting an invoice or paying compensation.
• Record that decision on the Complaints File.
• Report to PI insurers if appropriate.
(e) Alan Walker will:
• Deal with all complaints and correspondence quickly.
• Maintain a central file of all such complaints and negligence allegations.
• Hold the relevant paperwork in that file or in the named Complaints email folder.
• Review the file every month.
• Complete an annual review
• Keep all complaint papers for 6 years.