Complaints about someone who works for the Law Society, our service, policies, and procedures

Introduction

The Law Society of Scotland (the Society) has published service standards that explain what can be expected when we are contacted and how we will handle correspondence. This includes overarching aim to treat people fairly and with respect.

However, as in every organisation and despite our best efforts, things sometimes can and do go wrong. We want to know when we have not provided the kind of service we aim for. That way, we can try to put things right, learn from any mistakes and take action to improve our service for the future.

Definitions

A ‘corporate complaint’ is a complaint which suggests dissatisfaction or concern regarding the services or practices of a corporation.

A 'licensed legal services provider' or a 'licensed provider' is a business entity which provides legal services to the general public for a fee and does so under a licence issued by an approved regulator.

References to 'working days' exclude Saturdays, Sundays and any public holidays in Scotland.

Service standards

We aim to provide a high level of service to all those who depend on our services and with whom we interact. We will be open, inclusive and respectful in our dealing with our members, stakeholders and the public. At all times we will act with honesty and integrity.

We will also take any complaints made against us seriously, investigate them fully and take action in those cases where our performance is found to have fallen short of our standards.

We will:

• treat everyone fairly and with respect
• offer a professional, helpful and polite service
• deal with letters, emails and phone calls promptly
• do our best to help
• let the public know how quickly we can take action
• provide easy-to-understand, useful information and keep the public up to date about the services we provide
• deal with feedback promptly
• make sure our staff have the skills they need to do their jobs properly and considerately
• measure our standards regularly

Purpose

The purpose of this policy is to describe our complaints procedure for corporate complaints – i.e. complaints about the Law Society of Scotland, someone who works for the Society, our service, policies and procedures. It sets out how such complaints should be made, how we will deal with the complaint and what the public can expect from us.

We set out in section 6 what can and cannot be dealt with under this policy.

We encourage individuals to raise any concerns that they may have with the member of the Society's staff with whom they are dealing and seek to resolve any disagreement or issues informally. If an individual remains unhappy, they can make a formal complaint to the Society in accordance with section 7 of this policy.

Related items

This policy is intended to be read in conjunction with the following:

• Unacceptable Behaviour Policy

What can and cannot be dealt with under this policy

This policy sets out how the Law Society of Scotland deals with corporate complaints. Subject to the exclusions set out below, complaints that may be dealt with under this policy include, for example:

• a service that did not meet the expectations that the complainer had;
• complaint about someone who works for the Law Society of Scotland;
• issues relating to our policies and procedures.

Matters which cannot be dealt with under this policy include, but are not limited to:

• complaints about solicitors, solicitor firms or licensed providers, which must be made to the Scottish Legal Complaints Commission;
• complaints in relation to how the Law Society of Scotland has dealt with a conduct complaint, which must be made in accordance with the Scottish Legal Complaints Commission’s handling complaints process;
• complaints made about the Council of the Law Society of Scotland or its committee members, which must be made in accordance with our Policy on complaints about Council or committee members;
• issues that are currently being dealt with or have already been dealt with by the Scottish Legal Complaints Commission;
• issues that are currently in court or in a tribunal or have already been heard by a court or tribunal;
• requests for data or information under data protection legislation, or disagreements with a decision related to such a request – in which case, the individual has the right to make a complaint to the data protection supervisory authority in the UK, the Information Commissioner;
• an attempt to reopen a previously concluded complaint or to have a complaint reconsidered where we have already given our final decision;
• abuse or unsubstantiated allegations about our organisation or staff where such actions would be covered by our Unacceptable Behaviours Policy; and
• a complaint about a matter or process for which another body is fully responsible, for example, another regulator.

Who can make a complaint

Anyone can make a complaint in accordance with this policy.

If the complaint is made on behalf of another person, we will usually require written consent from them before we can investigate the complaint and/or share information with that relates to the complaint.

Time limit for making a complaint

We will consider complaints made to us within 12 months from the date of the incident or the date the complainer first became aware, or reasonably should have become aware of the issue. Complaints submitted after the twelve-month period may not be considered, unless we are satisfied that exceptional circumstances justify an extension.

Procedure

A complaint will be made either verbally or in writing, including face-to face, by phone, via email to complaints@lawscot.org.uk or via letter to:

Corporate Complaints Officer

The Law Society of Scotland

Atria One

144 Morrison St

Edinburgh

EH3 8EX

In all cases, the following details must be provided by the complainer:

• full name (and if they are acting on behalf of someone else the full name of that person);
• contact details – including an email address where possible;
• details regarding the matter they are complaining about – when it occurred, who was involved in the matter, what has gone wrong and the effect this has had on them (or the person on whose behalf they are acting);
• how they would like us to contact them if we have any queries about the complaint; and
• the outcome that they are seeking.

When a complaint is received, the Corporate Complaints Officer will acknowledge receipt within 3 working days and a detailed response will be given within 20 working days. If the complaint has been made via letter, there will not be an acknowledgement, but a response to the complaint will be sent within 20 working days plus delivery time of the letter.

If the complaint falls out with the scope of this policy, the Corporate Complaints Officer will let the complainer know and, where possible, will direct the complainer to the appropriate route for making their complaint.

Our final response will set out the reasons for our decision and the information that we have relied upon when reaching our conclusions.

If our investigation is expected to take longer than 20 working days, we will let the complainer know. We will tell them our revised time limits and keep them updated on the progress of our investigation.

Appeals

If any party to the complaint is dissatisfied with our decision or the way we dealt with their complaint, they have the right to appeal.

The appeal must be made in writing to the Corporate Complaints Officer within 20 working days of being notified of it.

The Corporate Complaints Officer will acknowledge receipt of the appeal and explain how the appeal will be dealt with and the timescales which will apply.

The appeal will be submitted to a senior member of staff who was not involved in the original decision. This individual will independently evaluate the case, considering all relevant details, and will determine whether the decision should be upheld or modified.

Once the senior member of staff has completed their investigation, they will provide a report for the Chief Executive Officer’s approval, and the CEO’s decision will be final.

If the complaint is against the Chief Executive or if the nature of the complaint makes it inappropriate for the Chief Executive to consider an appeal, then the role of the Chief Executive shall be undertaken by an Office Bearer.