The complaint

Ms H was found guilty in a criminal trial in January, and the court told her there were no grounds to appeal her conviction or sentence. Later that month, Ms H lodged a complaint with the solicitor who defended her, saying she hadn’t been properly represented in court. They agreed to meet with her two months later, in March.

A month after the meeting, the solicitor sent Ms H a letter expressing why they thought she’d received reasonable service. They asked her to get back to them within a month, otherwise they’d consider the case closed.

In December, still unhappy with this response, Ms H complained to us. We contacted the solicitor, who asked us to dismiss the complaint because Ms H hadn’t responded within six months of their letter.

The outcome

Ms H’s complaint could be investigated because her solicitor failed to inform her that a complaint must be referred to us within six months of their written response, as they’re required to do. Had they provided this information in their April letter, the six-month limit would’ve applied.

Our Scheme Rules

Effective from 1 April 2023, our scheme rules say we’ll look into your complaint if you refer it to us:

• Within one year of the problem happening; or
• Within one year from when you found out about it;
  
  and
  
  
• You refer your complaint to us within six months of your service provider's final response, if they warn you about this appropriately.

Please read our Scheme Rules for the process used for complainants received by the Legal Ombudsman after 1 April 2023.