Complaints Procedure

In the event of us receiving a complaint from you we will be:

1. Written to by a partner of the firm within 7 days of our receiving your complaint. The complaints partner is Matthew Lewis.
2. You will be informed in that letter that your complaint is being investigated and has been recorded in our Complaints Register.
3. Your complaint will be investigated by a partner of the firm. It may be necessary for the partner to speak to the member staff about whom the complaint is made and where the complaint relates to the service that has been received the partner may need to review the case file.
4. We will respond in writing to you within 21 days of receiving your complaint giving our full response and any suggested outcomes.
5. If whilst your complaint is being investigated it is necessary for a partner of the firm to meet with you, that meeting will be at your convenience. You will not be charged for any meeting.
6. If we cannot resolve your complaint, you may take the matter to the Legal Ombudsman (see below).

Please note that you may request a written copy of our complaints procedure at any time.

In the event we cannot resolve your complaint the Legal Ombudsman may be able to help you. They will look at your case 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 from us;

And

• No more than one year from the date of any act or omission; or
• No more than one year from when you should reasonably have known there was a cause for complaint.

The following is an excerpt from The Legal Ombudsman Scheme Rules:

When complaints can be referred to the Legal Ombudsman (These scheme rules are about complaints made from 6 October 2010 to

After complaining to the authorised person;

1. 4.1  Ordinarily, a complainant cannot use the Legal Ombudsman unless the complainant has first used the authorised person’s complaints procedure (referred to in chapter three).

Time limit from authorised person’s final response

2. 4.2  But a complainant can use the Legal Ombudsman if:

1. a)  the complaint has not been resolved to the complainant’s satisfaction within eight weeks of being made to the authorised person; or

2. b)  an ombudsman considers that there are exceptional reasons to consider the complaint sooner, or without it having been made first to the authorised person; or

3. c)  where an ombudsman considers that in-house resolution is not possible due to irretrievable breakdown in the relationship between an authorised person and the person making the complaint.

3. 4.3  For example, an ombudsman may decide that the Legal Ombudsman should consider the complaint where the authorised person has refused to consider it, or where delay would harm the complainant.

4. 4.4  a) This time limit applies only if the authorised person’s written response to a complaint included prominently:

• an explanation that the Legal Ombudsman was available if the complainant remained dissatisfied;

• full contact details for the Legal Ombudsman; and

• a warning that the complaint must be referred to the Legal Ombudsman within six months of the date of the written response;

b) If (but only if) the conditions in (a) are satisfied, a complainant must ordinarily refer the complaint to the Legal Ombudsman within six months of the date of that written response.

From 1 April 2023, the time limits for referring a complaint to the Legal Ombudsman will be not later than:

• one year from the date of the act or omission being complained about; or
• one year from the date when the complainant should have realised that there was cause for complaint.

The Legal Ombudsman will retain the ability to apply Rule 4.7, which allows an Ombudsman to exercise discretion to extend the 1 year time limit for specific customers if, on the evidence, it was fair and reasonable to do so.

The circumstances where discretion may be exercised by the Legal Ombudsman and how it may be requested can be found on the Legal Ombudsmans website;

www.legalombudsman.org.uk

6. 4.6  In relation to 4.5(b):
7. a)  where a complaint is referred by a personal representative or beneficiary of the estate of a person who, before he/she died, had not referred the complaint to the Legal Ombudsman, the period runs from when the deceased should reasonably have known there was cause for complaint; and
8. b)  when the complainant (or the deceased) should reasonably have known there was a cause for complaint will be assessed on the basis of the complainant’s (or the deceased’s) own knowledge, disregarding what the complainant (or the deceased) might have been told if he/she had sought advice.

Ombudsman extending time limits

7. 4.7  If an ombudsman considers that there are exceptional circumstances, he/she may extend any of these time limits to the extent that he/she considers fair.34
8. 4.8  For example an Ombudsman:
9. a)  might extend a time limit if the complainant was prevented from meeting the time limit as a result of serious illness; and
10. b)  is likely to extend a time limit where the time limit had not expired when the complainant raised the complaint with the authorised person.

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 9.00am to 17.00pm.

Email: enquiries@legalombudsman.org.uk

Legal Ombudsman
PO Box 6167,
Slough,
SL1 0EH

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 at www.sra.org to see how you can raise your concerns with the Solicitors Regulation Authority.

Alternative Dispute Resolution

In circumstances where a compliant cannot be resolved, it is possible for you to request the complaint be referred to an Alternative Dispute Resolution Process (ADR). This can be done by using a Certified Provider such as;

ProMediate, Brow Farm, Top Road, Frodsham, WA6 6SP

Telephone 020 3621 3908

www.promediate.co.uk

Please Note that Coulson Read Lewis do not have to consent to a request for Alternative Dispute Resolution and do not support this mechanism of Dispute Resolution.

This process is only available to individuals (consumers) not businesses.