Complaints Procedure
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 Officer.
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 Officer, who is David Coyle. If he is unavailable, or the complaint is about him, another senior person will take the role of complaints handler. To complain, please write to us, email david@dcoylesolicitors.co.uk or telephone 02476 344534.
Within two working days of him receiving the complaint, the Complaints Handling Officer will write to you acknowledging your complaint and ask you to confirm or explain the details if you have not already done so.
The Complaints Handling Officer 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 Officer 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).
Alternative Dispute Resolution Body
We are required to inform you that alternative dispute resolution 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. Whilst it is free to use the Legal Ombudsman service, there is a fee for using an alternative complaints handling body. Given the cost and the fact that mediation 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.
Solicitors Regulatory Authority (SRA)
In the event that your complaint relates to anything other than poor service, then you may choose to report a solicitor or the firm to the SRA. The SRA works with lawyers, non-lawyers and firms to ensure that they comply with the SRA principles. You may use the SRA website https://www.sra.org.uk/consumers/problems/report-solicitor/, email report@sra.org.uk or you can post a report to Solicitors Regulatory Authority, The Cube, 199 Wharfside Street, Birmingham, B1 1RN.
Equality and Diversity Policy
Our commitment
We are committed to eliminating discrimination and encouraging diversity in all aspects of our business. We and all of our staff will respect diversity and promote equality of opportunity. We shall treat everyone we encounter in our work fairly and with respect, regardless of age, disability, gender reassignment, marital and civil partnership status, pregnancy and maternity, race, colour, ethnic origin, nationality and national origin, religion or belief, sex and sexual orientation (‘Protected Characteristics’).
We are committed to making reasonable adjustments for clients and staff (including those applying to join our team) with a disability to ensure that they are not placed at a substantial disadvantage compared to those who are not disabled. We will not make a charge to our staff or our clients for an adjustment we make for them. In particular and where appropriate, we are happy to:
• offer different options for communicating with individuals who have a visual, speech or hearing impairment, including arranging signing facilities;
• for clients whose first language is not English, facilitate and support access to interpretative and translative support as far as possible.
We shall also take care to ensure that our communications (our website in particular) are provided in an accessible format.
We as a business will never discriminate unlawfully or bully, victimise or harass anyone and we will not tolerate such behaviour from our staff. As a business we will also take steps to train our staff and raise awareness to prevent unlawful discrimination, bullying, harassment or victimisation. If any problems are identified we will act promptly and effectively to resolve them.
The following forms of discrimination are prohibited under this policy and are unlawful:
Direct discrimination: treating someone less favourably because of a Protected Characteristic. For example, rejecting a job applicant because of their religious views or because they might be gay.
Indirect discrimination: a provision, criterion or practice that applies to everyone but adversely affects people with a particular Protected Characteristic more than others, and is not justified. For example, requiring a job to be done full-time rather than part-time would adversely affect women because they generally have greater childcare commitments than men. Such a requirement could be discriminatory unless it can be justified.
Harassment: this includes sexual harassment and other unwanted conduct related to a Protected Characteristic, which has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is dealt with further in our Anti-harassment and Bullying Policy.
Victimisation: retaliation against someone who has complained or has supported someone else's complaint about discrimination or harassment.
Disability discrimination: this includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.
We hope to go beyond the basic legal requirements in this area and create a business in which individual differences are valued.
We actively encourage all staff, clients and anyone we deal with to inform Mr Coyle of any suspected breaches of this policy, the Equality Act 2010 or any subordinate legislation, rule or regulation governing this area. This can be done very simply by contacting Mr Coyle on 02476 344634 or writing to him at David Coyle Solicitors, 19 Abbey Green, Nuneaton, CV11 5DS.