Complaints Policy & Procedure

Barristers and staff at Outer Temple Chambers are committed to always providing a high-quality service. We recognise however that concerns or complaints may arise, and we aim to address these promptly, fairly, and transparently. Wherever possible, we will seek to resolve concerns at an early stage.

Our policy aims to ensure that:

• All clients are provided with a clear and fair procedure to raise concerns or complaints;
• Complaints are identified, acknowledged, and addressed promptly at the earliest possible stage;
• Complaints are handled in a consistent, transparent and client-focused manner;
• Outcomes are fair, proportionate, and clearly explained; and
• Lessons are identified to improve services and prevent recurrence.

Scope

Complaints may relate to service, professional negligence and/or misconduct. A single complaint may contain elements of all three and Chambers’ obligations are different for each aspect. We will investigate all complaints which include a service element. However, we may not be able to deal with complaints which raise issues relating to professional misconduct or professional negligence. Where a complaint relates wholly or partly to professional misconduct or negligence, we will:

• Inform you clearly;
• Explain what we can and cannot investigate; and
• Signpost you to the appropriate body (e.g. the Bar Standards Board).

Time Limits

Please note that the Legal Ombudsman, the independent complaints body for service complaints about lawyers, has time limits by which a complaint must be made.

The time limits are:

• The complainant must refer the complaint to the Legal Ombudsman no later than one year from the act/omission, or one year from the date when the complainant ought reasonably to have known that there was cause for complaint.
• The complainant must also refer the complaint to the Legal Ombudsman within six months of the complaint having received a final response from the lawyer concerned, provided that 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 is available if the complainant remains dissatisfied, together with full contact details for the Legal Ombudsman and a warning that the complaint must be referred to it within six months).

Chambers must have regard to that time limit when deciding whether it is able to investigate your complaint. Chambers will not usually deal with complaints that fall outside of the Legal Ombudsman’s time limits. The Ombudsman can extend the time limit in exceptional circumstances.

Complaints by non clients

It may not always be possible to investigate a complaint brought by a ‘non-client’. By ‘non-clients’, we mean those individuals who have not asked for our assistance either directly or through their solicitor. This is because the ability of Chambers satisfactorily to 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 it is considered that the issues raised cannot satisfactorily be resolved through the Chambers’ complaints process, we will inform you and, if appropriate, refer you to the BSB.

Please also note that the Legal Ombudsman will only deal with complaints from consumers. This means that only complaints from a barrister’s client are within its jurisdiction. Non-clients who do not fall within the jurisdiction of the Legal Ombudsman who are not satisfied with the outcome of a Chambers’ investigation should contact the BSB rather than the Legal Ombudsman.

Complaints made by telephone/video call/other formats

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

If you would rather speak initially on the telephone, on a video call or other format that best suits you and your information needs, about your complaint, then please contact Reception on 020 7427 0813 and they will direct you to the right person. 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.

If your complaint has not been resolved at this stage, you will be invited to write to us about it, so that 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/or complaint for the next formal investigation stage, depending on your needs and preferences.

Complaints made in writing and in other accessible formats

If you would prefer to make a complaint in writing, please give the following details:

• Your name, contact details and preferred contact method;
• Which member(s) of Chambers and/or member(s) of staff you are complaining about;
• Case reference number (if known and/or applicable);
• The detail of the complaint; and
• What you would like done about it.

Your complaint can be sent by email to: [email protected] or in writing addressed to:

Complaints Team,

Outer Temple Chambers,

222 Strand,

London WC2R 1BA.

We will, where possible, acknowledge receipt of your complaint within three working days and provide you with details of how your complaint will be dealt with.

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 set out above.

Complaints handling and procedure

On receipt of a complaint, we will:

• Write to you formally to acknowledge your complaint;
• Provide you with the name of the person who will investigate your complaint and a description of that person’s role in Chambers;
• Provide you with a copy of Chambers Complaints Policy and Procedure; and
• Advise you of the date by which you will next hear from us.

Initial Assessment (within 14 days)

We will review your complaint promptly and seek to resolve it informally, if appropriate and you agree (e.g. clarification or misunderstanding). Where appropriate, the complaint will be referred to the person concerned for comment.

Formal Investigation

If your complaint cannot be resolved quickly:

• It will be handled by Chambers’ Head of Governance or another person who is independent and suitably experienced.
• The investigator will not be the person who is the subject of the complaint.
• The investigation will include;
  • Reviewing relevant documentation;
  • Speaking to relevant individuals; and
  • Requesting further information where necessary.

The investigator will prepare a report, which will be sent to you and shared with the individual who was the subject of the complaint. The report will outline the scope and nature of the investigation, as well as the investigator’s findings and the rationale behind the conclusions.

Outcome and timescales

We will aim to provide a written response:

• within 14 days (if already reviewed but unresolved) or
• within 28 days (if formally investigated from the outset).

If we cannot investigate your complaint within the time limits set out, we will write to you again with a revised timeframe.

If your complaint is not upheld, the investigator will explain why s/he has reached this decision.

If your complaint is upheld, the investigator will provide an apology and set out proposals for resolving your complaint.

We will ensure that you are kept updated throughout the process and that communications are clear and tailored to your needs.

Complaints to the Legal Ombudsman

If you are unhappy with the outcome of our investigation and you fall within its jurisdiction (see above) 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 Legal 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 time frame for referral of complaints to the Legal Ombudsman is set out above.

Those clients who are able to complain to the Legal Ombudsman are as follows:

• Individuals;
• 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);
• Charities with an annual income net of tax of less than £1 million;
• 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;
• Trustees of trusts with an asset value of less than £1 million; and
• 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 6167

Slough SL1 0EH

Telephone number: 0300 555 0333

Email: [email protected]

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

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

Email: [email protected]

Website: www.barstandardboard.org.uk

Alternative Dispute Resolution

If you are unhappy with the outcome of the investigation, alternative complaints bodies as approved by the Chartered Trading Standard 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 its jurisdiction and you do so within the time limit – see above).

Record keeping, Monitoring and Reporting

In line with the BSB’s new rules:

• We maintain records of all complaints, including informal complaints;
• Complaints are reviewed to identify trends, risks, and learning opportunities;
• We ensure appropriate oversight at Chambers level; and
• We comply with obligations to collect and report complaints data to the BSB as required.

These requirements aim to improve transparency, consistency, and service quality across the profession.

Confidentiality

All conversations and documents relating to your complaint will be treated as confidential and will be disclosed only to the extent that that is necessary. Disclosure will be limited to the Chambers Head of Governance (and/or, if applicable, the person delegated by the Head of Governance to investigate the complaint), the barrister member and/or member of staff about whom you have complained and to anyone else involved in the circumstances giving rise to the complaint and its investigation or referred to in the complaint. The BSB is entitled to inspect the documents and seek information about the complaint when discharging its monitoring functions.

Transparency

The Legal Ombudsman publishes data on all complaints that have been resolved by an Ombudsman’s final decision in the previous 12 months. In each case the data shows whether the Legal Ombudsman required the provider to give the consumer a remedy.

• Decision data can be found at: https://www.legalombudsman.org.uk/information-centre/data-centre/ombudsman-decision-data/.
• In addition, the Bar Standards Board Barristers’ Register shows who has a current practising certificate and whether a barrister has been the subject of any disciplinary findings, in accordance with the Bar Standards Board policy. The link to the Barristers’ Register is https://www.barstandardsboard.org.uk/regulatory-requirements/the-barristers’-register/.

You can find a PDF of the full policy here: Client Complaints Policy and Procedure