The time limits within which complaints must be submitted to our Office are set out in Rules 4.4 and 4.5. Rule 4.7 of the system also allows an ombudsperson to extend each of these time limits in exceptional circumstances. A legal service provider can be anyone who provides a legal service. Not all of them are regulated. We accept complaints if we believe it is a legal service. We do not accept complaints about services that are NOT legal services, such as creating business accounts, or about services they provided prior to the date they became an authorized person. All our calls are recorded, including calls you make to us and calls to you and other people and organizations. We need to process personal data about you, which may contain sensitive information. We need to share the information we deem relevant to your complaint with the relevant service provider and company, as well as with their approved supervisory authorities. We comply with data protection regulations at all times. You can contact our dedicated team (infosec@legalombudsman.org.uk) for more information on this and for any access to information requests. If you send us information by post, please do not send us the original documents as we will scan all postal items and destroy hard copies. If Company B accepts that it has succeeded Company A and is responsible for the acts/omissions and complaints relating to Company A, we will automatically treat it as its successor.
However, if Company B denies being the successor to Company A, or if it were to argue that it would be unfair to hold it liable for Company A`s acts/omissions and complaints, an ombudsperson would make a formal decision applying the “fair and reasonable” test set out in Rule 2.10 of the system. If you disagree with the investigator`s point of view and request a final decision, the Ombudsman will review the case, including the reasons why you disagree with the investigator, and make a final decision. This will be confirmed to you and the service provider in writing. An ombudsman reviews the complaint and may disagree, which is appropriate to resolve it. Your decision could be very different from the case decision, so keep that in mind. The final decision may be more or less favorable for you. Once an ombudsman has made their final decision, we will ask you if you accept it. If you do, the service provider must do what is required of them.
This is the end of our process and it means that you cannot have the same complaint reconsidered. Once you have accepted a final decision, this means that you cannot take legal action against the service provider in relation to the same case for which you have already resolved your complaint through the legal mediation system. If you reject the final decision or do not tell us what you think, the service provider does not have to do what is required of them. In these circumstances, your file will be closed and we will not take any further action. You are free to make further claims in connection with your complaint or seek independent legal advice. You cannot return the same complaint to us. Once a final decision has been made, our investigation into your complaint is complete. As a first step, one of our investigators will take care of your case. Your case will only be referred to an ombudsman if it proves difficult to resolve.
Once a mediator has made a final decision, we will ask the complainant if he or she accepts it. If this is the case, it is final and binding for you. There will be no way to challenge it with us. It also means that the complainant cannot have the same complaint reconsidered. Acceptance of an ombudsman`s final decision also prevents the complainant from taking legal action in relation to the same complaint. Our job is not to decide whether it is professional negligence or whether there is a “legal wrong” such as embezzlement. We do not provide legal advice and generally cannot comment on the quality of legal advice provided by service providers. Our task is to take into account the level of customer service of the provider. The question for us is not whether they were negligent, but whether the level of service they provided was acceptable and, if not, what the consequences were for you. If something a service provider has done (or has not done) looks like negligence, it is likely that it is also a bad service.
Going to the legal ombudsman OR taking legal action for negligence are sometimes two remedies that could be exercised in the event of a problem. Both options may be open to a consumer if the same circumstances and facts exist and the consumer must choose which of them he wishes to pursue. Normally, we would not deal with a complaint where the consumer sues the service provider for negligence or if the court decision addresses the same circumstances as the complaint submitted to us. On the other hand, if you file a complaint with us and accept our final decision, you cannot sue the service provider due to the same circumstances. The Ombudsman decides that the lawyer`s offer of compensation is appropriate. We have published a guide entitled “Our Approach to Rectification” which describes the process we follow to decide whether or not to grant a remedy and the different types of remedies we can offer. This includes a useful chart detailing the factors we consider in deciding how much compensation to provide for distress and inconvenience. If the complainant rejects the final decision or does not tell us what they think, you do not have to abide by it. In these circumstances, the matter will be closed and we will take no further action. The complainant is free to make further claims in connection with his or her complaint or to seek independent legal advice. You will not be able to send us the same complaint. Once a final decision has been made, our investigation into the complaint is complete.
We investigate complaints about the service you received from your legal service provider. For example, you may be unhappy with the service you received when you reported personal injury, when you bought a house, or when you tried to resolve a family law issue. Once we have confirmed the subject of your complaint, we will review all the information you have provided and may request more information from you. Our aim is to resolve complaints within three months, although this may take longer if the issue is more complex or if a decision by the Ombudsman is required. Regulated legal service providers must notify you through the Legal Ombudsman to determine whether their service may be investigated by us. If you and your service provider agree with the investigator`s point of view, we will treat your complaint as resolved. If you disagree, explain your reasons to your investigator and confirm if you want an ombudsman to make a final decision. If you do not respond to the decision within the specified time frame or do not inform us that you do not agree, we will treat your complaint as resolved.
We close the matter and take no further action. Normally, we only take cases in exceptional cases. We publish on our website data on all cases requiring a final decision by a mediator. This includes the name of the service provider, the decision of the mediator and the scope of the service provided. We do so in accordance with the powers of the Office of Appeals (the Legal Ombudsman Committee) under the Legal Services Act 2007. Sometimes the amount the supplier has to pay in remuneration is higher than what we are allowed to grant. The Legal Services Act 2007 sets out the specific obligations of the Legal Ombudsman to exchange information with front-line legal regulators. We share general information about complaint trends, similar to what we post on the Site, as well as specific information about individual cases where there may be potential misconduct issues. An ombudsman then reviews the decision in the case and the information and comments provided by you and the complainant. They will make a final decision on the complaint. The mediator is under no obligation to follow the decision of the case.
Legal counsel is there to resolve complaints in a fair and reasonable manner. We do not take sides or make assumptions about who might be right or wrong. We are not a law firm and cannot provide legal advice or expertise. Our goal is to resolve complaints quickly and easily. We will try to reach an agreement between you and the service provider as to whether something should be done to correct things. We also have formal powers to rectify things. We will accept your complaint for investigation if you agree that: Rule 5.36 states that a complaint must be decided “on the basis of what the ombudsperson making the decision considers to be fair and appropriate in all the circumstances of the matter.” .