Making a complaint

How do I make a complaint and what does the Ombudsman need to know?

You must make your complaint within six months of the professional body telling you its decision.

We can deal with your initial enquiries by email and fax. Your complaint however has to be in writing and must have your original signature. If writing is difficult, please phone us or call in and we will do our best to help. (See the Office and staff page for contact details.)

In your letter you need to tell us:

Your name and postal address plus any other contact details such as phone or email.
What concerns you about the way your complaint was handled. Complaints about handling include the professional body refusing to investigate a complaint, not explaining things properly, taking too long, or not providing reasons for its decisions. Remember, the Ombudsman does not investigate the complaints you have about the solicitor or advocate you complained about.

It also helps us if you let us know the name of the firm or practitioner you complained about, the professional body’s case reference number and the date of the professional body’s decision letter.

A complaint form is also available and many complainers find this useful.

If you have the Microsoft Word program, you might like to use it to fill in and print the complaint form after downloading a copy in Word format using the link below; or
if you have a PDF viewer such as Adobe Reader or Acrobat, you may print the form after downloading a PDF copy using the link below (Adobe Reader is available free for a range of operating systems from the Adobe web site); or
please write, telephone or email our office and we will send you a form.

The complaint form — Word format (3 pages, approx. 65KBytes)
The complaint form — PDF (3 pages, approx. 13KBytes)

You should also let us know what it is you would like the Ombudsman to do for you.

provides you with more information;
exercises its powers in relation to the solicitor(s);
investigates the complaint further;
reconsiders its decision;
pays a modest amount of compensation for inconvenience, loss or distress caused to you by poor complaint handling.

Where the Ombudsman upholds your complaint the Ombudsman may recommend re-imbursement of part or all of the costs incurred in making your complaint to this Office. You should let the Ombudsman know if you have incurred any costs beyond the costs of stationery and postage.

You should consider the recommendations the Ombudsman can make and let us know what it is you believe the professional body should be asked to do.

What if my complaint is about endowment mis-selling?

If your complaint is about being mis-sold an endowment policy by a Scottish solicitor the Ombudsman can investigate the way the Law Society handled your complaint. However, unlike the Financial Ombudsman Service, which handles complaints about financial service providers, the Scottish Legal Services Ombudsman will not be able to compensate for any shortfall in your endowment policy.

What happens after I write to you?

We will let you know if your complaint is one the Ombudsman can investigate. We will also confirm the issues you have asked the Ombudsman to look into. At the same time the Ombudsman writes to let you know she will investigate your complaint, she will also write to the professional body requesting its file on your complaint. The Ombudsman will also ask the professional body to comment on your complaints.

What is an Opinion?

The Ombudsman’s investigation is based around the professional body’s complaint file, which includes your letters and the practitioner's responses, as well as all documentation relating to the professional body’s investigation and decision making. The Ombudsman can ask for more information if needed. In the Ombudsman’s Opinion, the Ombudsman will describe the background to the complaint and summarise the key steps in the professional body’s investigation. She will then comment on the way the professional body managed the investigation, and whether it looked into the complaint properly. The Ombudsman can say whether she thinks the investigation was fair and thorough. If she does not think that the investigation was fair and thorough, she will make one or more of the recommendations described earlier.

Do the professional bodies have to follow the Ombudsman’s recommendations?

No. The professional body has three months to decide if it will accept the Ombudsman’s recommendations. If it does not accept, the Ombudsman can publish a Notice, giving her views and the professional body’s views. The Ombudsman does not name you or the practitioner. The professional body pays the costs of publishing the Notice.

Who is given a copy of the Ombudsman’s Opinion?

The Opinion is sent directly to you, to the practitioner, or firm of practitioners, or the advocate you complained about, and to the professional body.

How long does the Ombudsman’s investigation take?

Some investigations will take longer than others; however after the Ombudsman has confirmed she can investigate your complaint, we aim to complete the investigation within 6 weeks. We will write to let you know if we are going to take longer than this.

Does it cost anything to complain to the Ombudsman?

No. The Ombudsman’s office is funded by Scottish Ministers from taxpayers’ money. So there is no charge to make a complaint. There is no need to send copies of documents that you have sent to the professional body as the Ombudsman will see the whole complaint file.

Source: http://www.slso.org.uk/complaints.shtml