Complaints Policy
We strive to provide you with the best possible service. However, if you become unhappy or concerned about the service provided, please inform us immediately so we can address the issue. Initially, it may be helpful to discuss your concerns with the person handling your case, and we will do our best to resolve any issues. If you wish to make a formal complaint, please refer to our full complaints procedure below. Making a complaint will not affect the handling of your case.
What to Do If We Cannot Resolve Your Complaint
If we are unable to resolve your complaint, the Legal Ombudsman can assist. They will review your complaint independently, and this will not affect the handling of your case. Changes to the Legal Ombudsman’s scheme rules from 1 April 2023 have adjusted the timeframe for exercising your right to complain. Before accepting a complaint for investigation, the Legal Ombudsman will ensure you have attempted to resolve it with us first.
If you have, you must take your complaint to the Legal Ombudsman:
Within six months of receiving our final response to your complaint and No more than one year from the date of the act or omission being complained about; or
No more than one year from the date when you should reasonably have known there was cause for complaint.
Our Complaints Procedure
If you are dissatisfied with the service received or a charge on a bill, please first contact the staff member dealing with your matter. They will try to resolve your concerns informally and promptly.
If you remain dissatisfied, the staff member will inform you of our formal complaints procedure and provide a copy of this procedure.
Stage 1
Write to our Complaints Department via email at complaints@avklaw.co.uk or by post, clearly marking your letter “formal complaint.” You may also use the attached ‘Client Complaint Form.’ Please outline your dissatisfaction and, if possible, the action you would like us to take to remedy it.
Stage 2
We will acknowledge receipt of your complaint within five working days and inform you of the person handling it. For an independent and objective view, we may outsource Stage 2 to an independent complaints handler. They will acknowledge your complaint within five working days of receipt and conduct a thorough investigation within 14 days of identifying and agreeing on your heads of complaints with you. We will record your complaint in our central register, which is reviewed regularly by the firm.
Stage 3
The investigator will have full access to all information and personnel needed to investigate your complaint properly. They may contact you directly to discuss and confirm your heads of complaints and request further information from you.
We will ask the investigator to recommend the action they believe the Legal Ombudsman would suggest if the complaint was referred to their office.
Stage 4
The investigator will provide you with a detailed assessment report and their recommendations for resolving the complaint, if any. This report will first be forwarded to our Director for review. If the complaint is outsourced, we will generally follow the recommendations made. If we find them inappropriate, we will explain our reasons to you.
We have eight weeks from the date we receive your complaint to fully investigate and provide our final response. If we need to change any of the timescales above, we will inform you.
You will not be charged for our time spent dealing with a complaint internally.
Stage 5
If you are still not satisfied, you may contact the Legal Ombudsman by:
Telephone: 0300 555 0333
Overseas: +44 12 245 3050
Email: enquiries@legalombudsman.org.uk
Writing: Ombudsman at Legal Ombudsman, Legal Ombudsman,
PO Box 6167, Slough, SL1 0EH.
Website: www.legalombudsman.org.uk
The Ombudsman service is available to the public, very small businesses, charities, clubs, and trusts. If you are unsure about your eligibility, contact the Legal Ombudsman directly. Alternatively, refer to the Legal Ombudsman’s scheme rules available here.
You have the right to complain to the Legal Ombudsman at the conclusion of our complaints process, provided you do so within six months of our final written response.
Ordinarily, you can also ask the Legal Ombudsman to investigate your complaint if you refer it within:
• One year of the problem occurring, or
• One year from when you found out about it.
Alternative complaints bodies, such as ProMediate (www.promediate.co.uk), are competent to deal with legal services complaints. However, AVK Solicitors & Advocates prefers the Legal Ombudsman’s clear adjudication process and does not agree to use ProMediate.
Complaints About Fees
If you are dissatisfied with our bill, you have the right to apply to the High Court for an assessment of our charges by an Officer of the Court under sections 70, 71, and 72 of the Solicitors Act 1974. We hope you will first use our complaints procedure before making such an application.
Complaints About Misconduct
If you have concerns about any misconduct or breach of the SRA Code of Conduct by our firm, such as taking or losing your money, dishonesty, or discrimination, you can report the matter to our regulatory body, the Solicitors Regulation Authority. Their details are:
The Solicitors Regulation Authority
The Cube
Wharfside Street
Birmingham
B1 1RN
Telephone: 0370 606 2555
Website: www.sra.org.uk