Ms C complained to the firm on 10 August last year, about the invoice she had received on that date. The solicitor met with Ms C on 17 August to discuss her concerns and go through the file. The solicitor also gave Ms C a copy of the firm’s complaint handling procedure.
On 1 September, the solicitor wrote to Ms C explaining why they felt their service had been reasonable. The letter also told Ms C that if she did not get back in touch with them, they would consider the complaint closed.
Ms C brought her complaint to us 7 months later.
The solicitor asked the us to dismiss the complaint as Ms C did not refer it to us within six months of their written response of 1 September.
We decided that Ms C’s complaint was in time.
Our Scheme Rules make it clear that the six-month time limit only applies if all of the following information is “included prominently” in the “written response to the complaint”:
- an explanation that the Legal Ombudsman was available if Ms C remained dissatisfied;
- the Legal Ombudsman’s full contact details; and
- a warning that the complaint must be referred to the Legal Ombudsman within six months of the date of the written response.
Although this information was included within the firm’s complaints handling policy (which Ms C received a copy of at the meeting on 17 August), the firm’s written response of 1 September did not include any of this information and so the six month time limit did not apply. We were able to continue with an investigation into Ms C’s complaints.
Guidance: Scheme Rules FAQ | Legal Ombudsman
