Gough Square Chambers Complaints Policy
Our aim is to give you a good service at all times. However, if you have a complaint, you are invited to let us know as soon as possible. If we have fallen short of the high standards that we have set for ourselves, then we would like the opportunity to learn from it and put things right. It is not necessary to involve solicitors in order to make your complaint, but you are free to do so should you wish.
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 Bar Standards Board. 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.
How to make a complaint
Wherever possible it would be helpful if you could discuss any feedback or concerns with the barrister dealing with your matter informally first, as they may be able to resolve your concerns without the need for a formal complaint.
However, if the issue is of such a serious or sensitive nature that you do not feel comfortable raising it in this way, you may follow our formal process.
Complaints made by telephone
You may wish to make a complaint in writing and, if so, please follow the procedure in the ‘Complaints made in writing’ section below. However, if you would rather discuss your complaint then please contact the individual nominated under the Chambers Complaints Procedure to deal with complaints – Fred Philpott or (if the complaint is about a member of staff) the senior clerk, Bob Weekes. If the complaint is about Bob Weekes, telephone Fred Philpott. The person you contact will make a note of the details of your complaint and what you would like to have done about it. They will discuss your concerns with you and aim to resolve them. If the matter is resolved they 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
If your complaint is not resolved on the telephone, you will be invited to write to us about it so it can be investigated formally.
When making your complaint, please give the following details:
- Your name and address.
- Which member(s) of Chambers you are complaining about.
- The detail of the complaint; and what you would like done about it.
Please address your letter to Mr Fred Philpott, Gough Square Chambers, 6/7 Gough Square, London, EC4A 3DE. 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.
Our Chambers has a panel headed by Fred Philpott or his deputy, Iain MacDonald in his absence, made up of experienced members of Chambers and a senior member of staff, which considers any written complaint. The panel, including the head of the panel and deputy, is appointed by the Management Committee from time to time. Within 14 days of your letter being received the head of the panel or their deputy in their absence will appoint a member of the panel to investigate it. If your complaint is against the head of the panel, one of the two joint heads of chambers will investigate the complaint. The person appointed to investigate will investigate your concerns diligently, impartially and fairly. The person appointed to investigate will write to you as soon as possible to let you know that they have been appointed and the timescale for responding to your complaint. If in exceptional circumstances there is going to be any delay, you will be informed of this.
Once the person investigated has completed the investigation, they will write to you setting out:
- The nature and scope of their investigation.
- Their conclusion on each complaint and the basis for their conclusion.
- If they find that you are justified in your complaint, their proposals for resolving the complaint which may include an apology, and/or internal steps to ensure that any problems that you have experienced will not reoccur.
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 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 member or staff who you have complained about, the head or relevant senior member of the panel and the person who investigates the complaint. The Bar Standards Board is entitled to inspect the documents and seek information about the complaint when discharging its auditing and monitoring functions.
How we monitor complaints
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. Our management committee inspects an anonymised record regularly with a view to improving services.
Complaints to the Legal Ombudsman
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 below.
You can write to them at: Legal Ombudsman, PO Box 6167, Slough, SL1 0EH.
Telephone number: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
- 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:
- One year from the date of the act/omission.
- One year from the date that the complainant should reasonably have known there was cause for complaint.
- 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).
- The Ombudsman can extend the time limit where it considers it is fair and reasonable to do so in all the circumstances. Chambers must therefore 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 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 Bar Standards Board rather than the Legal Ombudsman.
How we may use your personal information
In considering and resolving your complaint, Chambers will have to process your data. This will include “personal” data (e.g. your name and address) and may, depending upon the nature of your complaint, include “sensitive personal” data (e.g. information relating to your physical or mental health, sexual orientation, race, religion or political beliefs). For full information on how Chambers’ may process, store or otherwise deal with your personal information, please refer to our Privacy Policy.
Reasonable adjustments
Where the complainant is a disabled person, we will consider a reasonable adjustment to this policy. If an adjustment is required, a request for the adjustment should be made addressed to the person investigating the complaint, who will consider whether the adjustment is reasonable and, if so, apply it.