COMPLAINTS PROCEDURE

Valid from 20 November 2015

Introduction

1.Our aim is to give you a good service at all times. However if you have a complaint please 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. Please see the end of this document for contact details.

2. Please note that Chambers will only consider complaints that are raised within six months of the act or omission complained of, unless in the view of Chambers it was not reasonably practicable for the complaint to be made within that period. If so, you may bring your complaint within such further period that Chambers considers reasonably practicable.

3. This internal complaints procedure covers only complaints by clients, though we may, in our sole discretion, consider complaints made by non-clients.

4. We may sometimes conclude that your complaint or part of it is not suitable for determination by us. If so, we will let you know which complaint or part of it and why.

Complaints made by phone

5. You may wish to make a complaint in writing and, if so, please follow the procedure in paragraphs 5 and 6 below. However, if you would rather speak on the telephone about your complaint then please telephone:

  • the Senior Clerk - Glenn Hudson - if the complaint is about a barrister or a clerking matter, or

  • the Member of Chambers responsible for staff – Catherine Casserley - if the matter concerns a staff member who is not a clerk, or

  • Head of Chambers - Martyn McLeish - if the matter concerns the Senior Clerk or you are in doubt as to whom to contact.

6. The person you contact will make a note of the details of your complaint and what you would like done about it. He or she 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.

Complaints made in writing

7. If your complaint is not resolved on the telephone you will be invited to write to us about it within the next 14 days so it can be investigated formally.

Please give the following details:

  • Your name and address;

  • Which member(s) of Chambers or which member(s) of staff you are complaining about;

  • The detail of the complaint; and

  • What you would like done about it.

Please address your letter to the Head of Chambers. We will, where possible, acknowledge receipt of your complaint within two days and provide you with details of how your complaint will be dealt with. You can contact the Chambers Manager if there has been delay and she will look into the reasons for this for you.

8. Our Chambers has a panel headed by the Head of Chambers, Martyn McLeish and made up of experienced members of Chambers and a senior member of staff, which considers any written complaint. Within 14 days of your letter being received the head of the panel or his deputy in his absence will appoint a member of the panel to investigate it. If your complaint is against the head of the panel, the next most senior member of the panel will investigate it. In any case, the person appointed will be someone other than the person you are complaining about.

9. The person appointed to investigate will write to you as soon as possible to let you know he has been appointed and that he will reply to your complaint within 14 days. If he finds later that he is not going to be able to reply within 14 days he will set a new date for his reply and inform you. His reply will set out:

  • The nature and scope of his investigation;

  • His conclusion on each complaint and the basis for his conclusion; and

  • If he finds that you are justified in your complaint, his proposals for resolving the complaint.

Confidentiality

10. 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 the head of chambers, members of our management committee and to anyone involved in the complaint and its investigation. Such people will include the barrister or member of staff who you have complained about, the head or relevant senior member of the panel and the person who investigates the complaint. The Legal Ombudsman is entitled to disclosure of documents and seek information about the complaint when discharging its functions.

Our Policy

11. As part of our commitment to client care we will keep a written record of any written complaint and retain all documents and correspondence generated by the complaint for a period of six years. Our management committee inspects an anonymised record regularly with a view to improving services.

Legal Ombudsman

12. Any complaint should ordinarily be made to us in the first instance. If you are dissatisfied with the outcome of our internal complaints procedure you have six months from the date on which we respond in writing to you to take the matter to the Legal Ombudsman. The Legal Ombudsman operates a non-judicial dispute resolution procedure. Full information about the procedure and time limits can be accessed through the Legal Ombudsman website, details of which are given below.

Alternative Dispute Resolution

13. If you are dissatisfied with the outcome of our internal complaints procedure, alternative complaints bodies such as ProMediate - http://www.promediate.co.uk/ - exist which are competent to deal with complaints about legal services should both you and the barrister you have complained about wish to use such a scheme.

Contacts at Cloisters

Address: Cloisters, 1 Pump Court, Temple, London EC4Y 7AA

Tel: 020 7827 4000

Fax: 020 7827 4100

Web: www.cloisters.com

  • Chambers Manager: Alessandra Fanone - Direct Line: 020 7827 4041 Email: af@cloisters.com

  • Senior Clerk: Glenn Hudson Direct Line: 020 7827 4042 Email: gh@cloisters.com

  • Head of Chambers: Martyn McLeish Office: 020 7827 4000 Email: hoc@cloisters.com

  • Chambers Member responsible for staff: Catherine Casserley Office: 020 7827 4000 Email: cca@cloisters.com

Contacts at the Legal Ombudsman

The Legal Ombudsman can be contacted at:

Email: enquiries@legalombudsman.org.uk

Telephone: 0300 555 0333

PO Box 68

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

This data shows providers which received an Ombudsman’s decision in the previous 12 months, and whether the Ombudsman required the provider to give the consumer a remedy. Alternatively, you can contact the Ombudsman to ask about this (contact details as immediately above).