In Mr D's case, the firm made a reasonable offer to acknowledge the service issue...
The firm were instructed to assist Mr D in divorce proceedings and child matters. Mr D wanted parental responsibility for his stepson. The application that the firm made for this was unsuccessful, and the reason given was that Mr D did not have any legal status as a stepparent at that point.
This was because the firm had already obtained a Decree Absolute for Mr D and his divorce had therefore completed. Mr D complained that the firm should not have made the application for divorce until the issue of parental responsibility had been considered by the court.
The firm had upheld the complaint and offered Mr D the sum of £700 as a goodwill gesture. Mr D did not agree with the remedy offered, so he brought his complaint to us. We also upheld the complaint, and determined that the firm’s offer was, in the circumstances, reasonable. Therefore, we made the decision to endorse the remedy that the firm had made at first tier.
Guidance: Our approach to determining complaints | Legal Ombudsman
Guidance: Our approach to putting things right | Legal Ombudsman
