1 Kings Bench Walk Complaints Procedure

1. 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. It is not necessary to involve solicitors in order to make your complaint, but you are free to do so should you wish.

2. Please be assured that any complaints made will be taken seriously and handled with care and will not disadvantage your case or matter. We will investigate and handle complaints in a fair and consistent manner, diligently and impartially, and seek to respond and resolve your complaint promptly.

3. 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. From 1 April 2023, the time limits are:

a) The complainant must refer the complaint to the Legal Ombudsman no later than one year from the act/omission, or one year from when the complainant should reasonably have known there was cause for complaint.

b) 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).

4. 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.

5. 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 do not fall within the jurisdiction of the Ombudsman who are not satisfied with the outcome of the Chambers’ investigation should contact the BSB rather than the Legal Ombudsman.

6. 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 BSB.

Complaints made by telephone/video call/other formats

7. You may wish to make a complaint in writing and, if so, please follow the procedure in paragraph 10 below. If you would like to make your complaint in other ways or formats, or accessible options, please do not hesitate to contact us so that we can best accommodate your needs.

8. However, if you would rather speak initially on the telephone, video call, or other format that suits your preference and information needs, about your complaint, then please engage the individual nominated under the chambers complaints procedure to deal with complaints, the Senior Clerk Mark Betts or if the complaint is about the Senior Clerk, the Heads of Chambers. 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.

9. If your complaint is not resolved at this stage, you will be invited to write to us about it, so it can be investigated formally. At this stage, we will also check if you would like to engage with us on accessible formats, to meet your specific information and communication needs. We will discuss and agree with you the best way and format for us to engage and communicate together. We will advise you on the best way to set out your concerns and complaint for the next formal investigation stage, depending on your needs and preferences.

Complaints Made in Writing and in other Accessible Formats

10. For complaints made in writing, 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.

11. Please address your letter/correspondence to:

Senior Clerk, Mark Betts, 1 Kings Bench Walk, Temple, London ED4Y 7DB or by email to mbetts@1kbw.co.uk . If the complaint is about the Senior Clerk please address your letter to the Heads of Chambers.  We will, where possible, acknowledge receipt of your complaint within 24 hours and provide you with details of how your complaint will be dealt with.

11. For complaints made in other accessible formats, we will discuss and advise you on the best way to set out your concerns, tailored to your needs, and how to provide the information above in paragraph 10.

12. We will aim to reply to your complaint within 14 days. If we find that we are unable to reply within 14 days, we will set a new date for reply and inform you. Our reply will set out:

      • The nature and scope of the investigation;
      • The conclusion of each complaint and the basis for the conclusion; and
      • If you are justified in your complaint, our proposals for resolving the complaint.
      • Your recourse in the event that you are not satisfied with the responses that you have received.

13. It is our aim to make our complaints handling reasonable, fair and proportionate, and to be accessible and responsive to your needs.

Confidentiality

14. 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 heads of chambers or a senior member of chambers who has been asked to investigate the complaint. The BSB is entitled to inspect the documents and seek information about the complaint when discharging its monitoring functions.

Our policy

15. 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. From time to time, a summary of the complaint will be provided to the Bar Standards Board, on an anonymous basis, which will only provide information about what the complaint was about, and the outcomes

Complaints to the Legal Ombudsman

16. 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, or if the complaint has not been resolved to your satisfaction within 8 weeks of making your complaint. Please note the timeframe for referral of complaints to the Ombudsman as set out at paragraph 2 above.

You can write to the Legal Ombudsman at:

Legal Ombudsman
PO Box 6167
Slough
SL1 0EH

Telephone number: 0300 555 0333

Email: enquiries@legalombudsman.org.uk

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 as approved by the Chartered Trading Standards Institute (https://www.tradingstandards.uk/consumer-help/adr-approved-bodies/ ) 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 your chosen ADR provider, please contact us to discuss this, including time limits for contacting your chosen ADR. 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 40

Website: www.barstandardsboard.org.uk

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