KCH GARDEN SQUARE COMPLAINTS POLICY

Introduction

Our aim is to provide a good service at all times. However, if a client has a Complaint, the client should let us know as soon as possible. It is not necessary to involve solicitors in order to make a Complaint, but the Complainant is free to do so.

Chambers will only consider Complaints that are raised within six months of the act or omission complained of.

Chambers will only consider Complaints that are raised against current members of KCH Garden Square. In the event that a barrister leaves chambers before a complaint is received or whilst a complaint is in progress, the Complaints Policy shall cease to apply and remedy should be sought from either The Bar Standards Board or the Legal Ombusdman.

Complaints Procedure

All Complaints should be made in writing and the Complainant is required to give the following details: –

Name and address;
1. Identity of the person about whom the Complaint is made (the Subject);
1. Details of the Complaint;
1. Copies of all material documents;
1. Remedy sought.

Complaints should be sent to administration@kchgardensquare.co.uk.

If the Complainant does not have access to email, the Complaint should be sent by post to Leanne Summers, Deputy Head of Chambers, KCH Garden Square, 1 Oxford Street, Nottingham NG1 5BH.

Chambers will acknowledge receipt of a Complaint within two working days and provide the Complainant with details of how the Complaint will be investigated.

In the event the Complaint concerns the Deputy Head of Chambers or a case in which they have been instructed, the Complaint will be referred to an alternative member of the Board of Directors.

Chambers will inform the Subject of the complaint and will provide them with a copy of the information received.

Investigation

A member of Chambers will be appointed by the Deputy Head of Chambers (or an alternative member of the Board of Directors – see paragraph 6) as Investigating Barrister (IB).

The IB will confirm his/her appointment to the Complainant and the Subject within 14 days.

The IB will usually complete the investigation within 14 days of appointment. If the investigation is likely to take longer than 14 days, the IB will inform the Complainant and the Subject of a revised time estimate.

The IB may seek further details or documents from the Complainant by telephone, email or post. The IB will also seek comments and any further documentation from the Subject.

The IB may contact the Complainant on the telephone or by e-mail to seek clarification of the Complaint, but that is a matter for his/her discretion. It is intended that the Complainant should submit all material information at theoutset.

Where a Complaint raises an allegation of negligence the IB should advise the Subject to contact his/her Professional Indemnity Insurers.

Report

The IB will produce a report that sets out the nature of the Complaint, the relevant details of the investigation and recommendations as to how the Complaint might be resolved.

Such recommendations may be: –

That the Complaint is rejected; or
1. That the Complaint is found to be justified and that the Subject should: –

Provide a written apology;
1. Accept a reduction in fees relating to the work complained about;
1. Provide a refund of fees that may have been paid already;
1. Refer the facts to his/her Professional Indemnity Insurers;
1. refer the facts to the Bar Standards Board as a voluntary disclosure.

(These alternatives are not the only potential outcomes, and others may be adopted at the discretion of the IB)

When preparing the report, the IB will use his/her own independent judgement.

The IB’s report will include copies of all material documents so that it is a comprehensive summary of the Complaint, and all matters that have been considered relating to the Complaint.

The IB will send a copy of the report to the Complainant and the Subject for comment and approval, if possible.

Resolution

If the Complainant and the Subject accept the IB’s conclusions and recommendation for resolution, that solution will be put into effect as an agreed resolution.

If there are any disagreements as to how the Complaint should be resolved, the IB will refer the Complaint to the Head of Chambers, who will convene a Complaints Panel. In the event the Head of Chambers is the Subject, the Deputy Head of Chambers shall convene a Complaints Panel.

Either the Complainant or the Subject may request that the IB refer the complaint to the Head of Chambers, but such a request must be made within 28 days from the date of the report. In the event that no such request is made within the 28 day period the report shall be deemed to have been accepted, and any recommendation contained within it shall be brought into effect. The Complaints Panel will comprise three suitably experienced members of Chambers (not including the IB or the Subject).

The Complaints Panel will consider the IB’s report and any written comments that have been made by the Complainant and the Subject. Such review will usually include a meeting. The Complaints Panel will not consider new documentation not annexed to the IB’s report.

Following review of the IB’s report, the Complaints Panel will either uphold the IB’s recommendations or substitute different recommendations for resolution.

The Head of Chambers will confirm the outcome to the Complainant and the Subject in writing (usually by email) as soon as practicable.

The Complaints Panel’s review is the final part of the Chambers Complaints Procedure. If a Complainant is unhappy with the outcome of the Complaints Procedure, the Complainant may take up the Complaint directly with the Bar Standards Board or The Legal Ombudsman, contact information for whom are provided within paragraphs 35 and 37.

The Complaints Panel should complete its review within 4 weeks. Therefore, the entire process should not usually take longer than 10 weeks.

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, Deputy Head of Chambers, Chambers’ Chief Operating Officer, the IB and members of the Complaints Panel.

An agreed resolution (as above) will be recorded as a resolved Complaint.

The Bar Standards Board is entitled to inspect all documents and seek information about the Complaint when discharging its auditing and monitoring functions.

Our Policy

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 6 years.

A summary of Complaints received (without information as to identity) may be created and retained for the purpose of analysis.

Complaints to the Bar Standards Board or the Legal Ombudsman

The Bar Standards Board is the regulatory arm of the Bar Council. It can investigate complaints where a barrister may have broken the rules or acted in a way that might damage the public’s ability to trust barristers.

Subject to the above, if a Complainant would rather not use this Procedure or are unhappy with the outcome, the Complainant may take up the Complaint directly with the Bar Standards Board.

The Bar Standards Board has a 6-month time limit from the date of the relevant act or omission, or 3 months from conclusion of an investigation by Chambers.

The Bar Standards Board can be contacted at:

Complaints Team

Bar Standards Board

289-293 High Holborn

London WC1V 7HZ

Telephone: 020 7611 1444