Complaints Procedure

Our aim is to give you a good service at all times. However, in the unfortunate event that the service provided by Tamar Chambers does not meet your expectations, we have  a dedicated complaints procedure. It is not necessary to involve solicitors in order to make your complaint as the right of complaint extends to the lay client as well as the professional client, however should you wish to involve to a solicitor you are free to do so.

Please note that the Legal Ombudsman, the independent complaints body for service complaints about lawyers, has time limits in which a complaint must be raised with them. The time limits are:

  1. The act or omission, or when the complainant should reasonably have known there was cause for complaint, must have been after 5 October 2010; and
  2. The complainant must refer the complaint to the Legal Ombudsman no later than six years from the act/omission, or three years from when the complainant should reasonably have known there was cause for complaint.
  3. The complainant must also refer the complaint to the Legal Ombudsman within six months of the complaint receiving a final response from their lawyer, 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).

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.

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 are not satisfied with the outcome of the Chambers’ investigation should contact the BSB rather than the Legal Ombudsman.

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 Bar Standards Board.

Complaints should be made in writing

Please give the following details:

  1. Your name and address;
  2. Which member(s) of chambers you are complaining about;
  3. The detail of the complaint; and
  4. What you would like done about

Please address your letter Tom Bragge Mill Park Bratton Clovelly Okehampton EX20 4JX.  We will acknowledge receipt of your complaint within 2 days and provide you with details of how your complaint will be dealt with.

Information Regarding Complaints

The client care letter which sets out our  terms  of business and sent to clients upon acceptance of instructions will also  advise

  • Of their right to make a complaint, how and to whom this can be done, including their right to complain to the Legal Ombudsman at the conclusion of the complaints process, the timeframe for doing so and the full details of how to contact the Legal Ombudsman
  • That the lay client may complain directly to Chambers without going through solicitors.

Chambers’ website will carry information about the Chambers’ Complaints Procedure

Response to complaints

All complaints will be acknowledged within 2 working days.

Together with the acknowledgment, the complainant will be provided with: –

  • The name of the person who will deal with the complaint together with a description of that person’s role in Chambers
  • A copy of the Chambers’ Complaint Procedure
  • The date by which the complainant will next hear from Chambers.

At the conclusion of the complaints process, complainants will be informed in writing of their right to complain to the Legal Ombudsman, the timeframe for doing so and the full details of how to contact them.

Confidentiality

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 restricted to Tom Bragge  who will investigate the complaintand his Practice Manager. The BSB is entitled to inspect the documents and seek information about the complaint when discharging its monitoring functions.

Our policy

In the event thatit is concluded that the grounds of complaint (or any of them) are made out, the appropriate remedy  will be considered which shall include, but notbe  limited to, the following:

  • An apology
  • The provision of suitable restitution to the complainant.
  • Referring the matter to the Bar Standards Board, the Bar Council, the Legal Ombudsman, the Inns of Court or, where necessary, any law enforcement agency.

The Complainant shall be informed in writing of the finding  and notified of their rights to pursue the matter further. We aim to respond within 14 days and well within the 8 weeks required by the Legal Ombudsman.

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

Complaints to the Legal Ombudsman/alternative dispute resolution

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. Please note the timeframe for referral of complaints to the Ombudsman as set out at paragraph 2 above. Those clients who are able to complain to the Legal Ombudsman are as follows:

  1. Individuals;
  2. 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);
  3. Charities with an annual income net of tax of less than £1 million;
  4. 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;
  5. Trustees of trusts with an asset value of less than £1 million; and
  6. 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 6806,

Wolverhampton

WV1 9WJ

Telephone number: 0300 555 0333

Email: [email protected]

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

If you are unhappy with the outcome of the investigation, alternative complaints bodies (such as ProMediate, https://www.promediate.co.uk/  and Small Claims Mediation, https://www.gov.uk/guidance/small-claims-mediation-service ) 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 either of the above, please contact us to discuss this. 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).

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