Menu
Close

Complaints Procedures

Service Complaints Procedure

  1. Our aim is to give you a good service at all times. However, if you have a complaint you are invited to let us know as soon as possible. It is not necessary to involve solicitors in order to make your complaint, but you are free to do so should you wish.
  2. Please be assured that any complaints made will be taken seriously and handled with care and will not disadvantage your case or matter. We will investigate and handle complaints in a fair and consistent manner, diligently and impartially, and seek to respond and resolve your complaint promptly.
  3. Please note that the Legal Ombudsman, the independent complaints body for service complaints about lawyers/barristers, has time limits in which a complaint must be raised with them. From 1 April 2023, the time limits are:
    1. The complainant must refer the complaint to the Legal Ombudsman no later than one year from the act/omission, or one year from when the complainant should reasonably have known there was cause for complaint.
    2. The complainant must also refer the complaint to the Legal Ombudsman within six months of the complaint receiving a final response from their lawyer/barrister (or the set of chambers to which they belong as a self employed barrister, where the chambers has investigated the complaint), 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. Chambers must have regard to that timeframe when deciding whether they are able to investigate your complaint. Chambers will not therefore usually deal with complaints that fall outside of the Legal Ombudsman’s time limits. The Ombudsman can extend the time limit in exceptional circumstances.
  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 do not fall within the jurisdiction of the Ombudsman who are not satisfied with the outcome of the Chambers’ investigation should contact the Bar Standards Board (BSB) rather than the Legal Ombudsman.
  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 BSB. 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 BSB.

Complaints made by telephone/video call/other formats

  1. You may wish to make a complaint in writing and, if so, please follow the procedure in paragraph 10 below. If you would like to make your complaint in other ways or formats, or accessible options, please do not hesitate to contact us so that we can best accommodate your needs.
  2. If you would rather speak initially on the telephone, video call, or another format that suits your preference and information needs, about your complaint, then please engage our Senior Clerk or Deputy Senior Clerk (wmeade@oldsquare.co.uk or sjones@oldsquare.co.uk) in the first instance. If they find it appropriate, they may provide alternative contact details of a member of the team or Chambers best suited to try to resolve your complaint. If your complaint is regarding the Chambers Director, please contact the Senior Clerk (wmeade@oldsquare.co.uk). The above individuals can also be reached via our switchboard, on 020 7269 0300.The person you have contact with will make a note of the details of your complaint and what you would like to have done about it. They will discuss your concerns with you and aim to resolve them. If the matter is resolved they 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 (or alternative format) discussion in writing.
  3. If your complaint is not resolved at this stage, you will be invited to write to us about it, so it can be investigated formally. At this stage, we will also check if you would like to engage with us on reasonable accessible formats, to meet your specific information and communication needs. We will discuss and agree with you the best way and format for us to engage and communicate together. We will advise you on the best way to set out your concerns and complaint for the next formal investigation stage, depending on your needs and preferences.

Complaints made in writing and in other accessible formats

  1. For complaints made in writing, please give the following details:
    • Your name and address;
    • Which barrister self employed member(s) of chambers or member of staff of chambers you are complaining about;
    • The detail of the complaint; and
    • What you would like done about it.
  2. Please address your letter/correspondence to the Chambers Director (searl@oldsquare.co.uk). 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. If you receive an out of office message from the named contact, please resend your complaint as directed.
  3. For complaints made in other accessible formats, we will discuss and advise you on the best way to set out your concerns, tailored to your needs, and how to provide the information above.
  4. Our chambers has a Complaints Committee made up of experienced members of chambers and a senior member of staff, which considers any written and formal complaint. Within 14 days of your complaint being acknowledged, the Complaints Committee will appoint an independent member of Chambers to investigate it. If your complaint is against a member of the Complaints Committee, they will be excluded from any Committee based discussions or decisions surrounding the complaint. In any case, the person appointed will be someone other than the person you are complaining about.
  5. The person appointed to investigate will write to you (and may do so via the senior member of staff appointed to the Committee) as soon as possible to let you know they have been appointed and that they will aim to investigate your complaint within 14 days. If this is not achievable, and they find later that they are not going to be able to reply within 14 days they will set a new date for their reply and inform you.In any event, we will keep you informed and provide regular updates on progress of the complaint investigation. Other than in exceptional circumstances, we will respond to your complaint in full within 8 weeks of your submitting the complaint to us. The reply you receive will set out:
    1. The nature and scope of the investigation;
    2. The conclusion on each complaint and the basis for the conclusion; and
    3. If the complaint is found to be justified, the proposals for resolving the complaint (any such proposal does not have to be accepted by you or the barrister about whom you have complained).
  6. Chambers’ written response following investigation is the conclusion of Chambers’ internal complaints process. There is no separate internal appeal or review stage. If the complainant remains dissatisfied, they may pursue the external options set out below.

Vexatious/repetitive complaints

  1. Chambers may decline to consider a complaint further, or may bring further correspondence to an end, where it considers that the complaint is manifestly vexatious, abusive, repetitive, or substantially the same as a complaint that has already been considered and concluded under this procedure. Any such decision will be made proportionately, recorded in writing, and communicated to the complainant with brief reasons. This does not prevent Chambers from considering any new and material issue raised by the complainant, nor does it affect any right the complainant may have to refer the matter to the Legal Ombudsman, the Bar Standards Board, or another appropriate external body.

Confidentiality

  1. All conversations and documents relating to the complaint will be treated as confidential and will be disclosed only to the extent that is necessary. Disclosure will be to anyone involved in the complaint and its investigation. Such people will include the barrister member or staff who you have complained about, the Complaints Committee members and the person who investigates the complaint. The BSB is entitled to inspect the documents and seek information about the complaint when discharging its monitoring functions.

Our policy

  1. As part of our commitment to client care we make a written record of any complaint and retain all documents and correspondence generated by the complaint for a period of six years. Our Board of Management inspects an anonymised record at appropriate intervals with a view to improving services, including any lessons learned. Chambers are required to provide a summary of our complaints data to the Bar Standards Board at appropriate intervals, on an anonymous basis, which will only provide information about what the complaint was about, and the outcomes.

Complaints to the Legal Ombudsman

  1. If you are unhappy with the outcome of our investigation and you fall within their jurisdiction you may take up your complaint with the Legal Ombudsman, the independent complaints body for complaints about lawyers, at the conclusion of our consideration of your complaint. The Ombudsman is not able to consider your complaint until it has first been investigated by chambers, or if the complaint has not been resolved to your satisfaction within 8 weeks of making your complaint. Please note the timeframe for referral of complaints to the Ombudsman as set out at paragraph 3 above.Those clients who are able to complain to the Legal Ombudsman are as follows:
    • Individuals;
    • Businesses or enterprises that are micro-enterprises within the meaning of Article 1 and Article 2(1) and (3) of the Annex to Commission Recommendation 2003/361/EC (broadly businesses or enterprises with fewer than 10 employees and turnover or assets not exceeding €2 million);
    • Charities with an annual income net of tax of less than £1 million;
    • Clubs, associations or organisations, the affairs of which are managed by its members or a committee of its members, with an annual income net of tax of less than £1 million;
    • Trustees of trusts with an asset value of less than £1 million; and
    • Personal representatives or beneficiaries of the estates of persons who, before they died, had not referred the complaint to the Legal Ombudsman.

    You can write to the Legal Ombudsman at:

    Legal Ombudsman
    PO Box 6167
    Slough
    SL1 0EH

    Telephone number: 0300 555 0333
    Email: enquiries@legalombudsman.org.uk

    More information about the Legal Ombudsman is available on their website:
    www.legalombudsman.org.uk

  2. If you are unhappy with the outcome of the investigation, alternative complaints bodies as approved by the Chartered Trading Standards Institute (ADR approved bodies) also exist which are competent to deal with complaints about legal services, should you and the barrister both wish to use such a scheme.If you wish to use your chosen ADR provider, please contact us to discuss this, including time limits for contacting your chosen ADR. Please also note that if mediation is used, neither you nor the barrister is required to accept the proposed resolution. If mediation does not resolve the complaint, you may still make a complaint to the Legal Ombudsman (provided you fall within their jurisdiction and you do so within the time limit).
  3. If you are not the barrister’s client and are unhappy with the outcome of our investigation then please contact the Bar Standards Board at:
    Bar Standards Board
    Contact and Assessment Team
    289-293 High Holborn
    London
    WC1V 7JZ

    Telephone number: 0207 6111 444
    Website: www.barstandardsboard.org.uk

0
Shortlist Updated

Out of hours

William Meade (Senior Clerk)

07970 649 755