A complaint is defined as an expression of dissatisfaction, made orally or in writing (including e-mail).
The Chambers Manager shall act as Complaints Officer (j.holland@argentchambers.co.uk) .
Any Barrister or member of staff receiving a complaint should forward the letter, or a written note of an oral complaint, to the Complaints Officer and inform the complainant that this has been done. This applies even to low-level complaints, which might be expressed as a negative opinion rather than a formal complaint, to allow the Complaints Officer to track and pinpoint areas which attract consistent negative comment, so that appropriate corrective action can be taken.
The Complaints Officer will keep a record of all complaints received by completing a Complaints Form (Form 4) and entering the details in the Complaints Register.
A file will be opened by the Complaints Officer for each complaint received. This applies even if no formal action is to be taken in respect of the complaint. The file will contain the relevant complaints form and any correspondence/information relating to it.
The Complaints Officer will notify the complainant within at least seven days that the complaint is under investigation and also give the complainant a date by which the next contact will take place.
The Complaints Officer will initially attempt to resolve the complaint on an informal basis, through discussion and negotiation brokered by the Complaints Officer between the complainant and any individual or individuals against whom the complaint has been directed.
Should the complainant continue to feel aggrieved after informal attempts to resolve the problem, the Complaints Officer will refer the complaint to the Chambers Management Committee who will commence a formal investigation. This will include giving all relevant people the opportunity to make an input on the circumstances of the complaint.
Having undertaken a formal investigation, a designated member of the Chambers Management Committee will then either:-
inform the complainant that the complaint has been investigated and found not to be justified, explaining why,
or
inform the complainant that the complaint has been investigated and found to be justified and either explain the remedial action and any form of compensation to be offered,
or
refer the matter to the Head of Chambers for resolution with the complainant and explain to the complainant their right to bring the matter to the attention of the Bar Council’s Complaints Commissioner.
Any complaint which involves negligence or a potential claim against professional indemnity insurance must be brought immediately by the relevant member of Chambers to the attention of the Chambers Manager, who will notify the insurers (BMIF).
In consultation with the Head of Chambers, the Chambers Management Committee, the Chambers Manager and the Senior Clerk, Chambers will decide upon and implement any necessary changes in procedures or take other appropriate steps to reduce the possibility of a similar complaint arising again.
The complaint file will be retained for a period of three years from the date of closure in the event that the complainant refers the complaint to the Bar Council and also for consideration at staff appraisals where appropriate.
Chambers client care and complaints procedures are reviewed quarterly as part of the Management Review Process. This will include looking at actual complaints received, deciding if action taken as an outcome was effective, and also identifying any trends.
In addition, the Chambers Manager presents an annual review of complaints received to the Management Committee for consideration.
