Policies & Procedures

We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service, we provide then you should inform us immediately, so that we can do our best to resolve the problem.

In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues. If you would like to make a formal complaint, then you can read our full complaints procedure [link below]. Making a complaint will not affect how we handle your case.

The Practice’s Complaints Manager is Mr Anuj Makol (“the Complaints Manager”). It is his responsibility to ensure that complaints are dealt with in accordance with the Complaints Handling Procedure.

The Practice has a procedure for dealing with complaints from clients. It tries to resolve as many as possible within the Practice to prevent complaints escalating to The Legal Ombudsman and to preserve the goodwill of the client; even when things have gone wrong.

The Practice acknowledges that some of the complaints about it will be well founded. Everyone makes mistakes and a lawyer should be honest and candid when a mistake has been made. Complaints must be dealt with sympathetically and quickly; the Practice’s reputation depends on this. No charges will ever be raised in connection with the handling of a complaint under this procedure.

The Complaints Manager will, once aware of a complaint, look objectively at the matter, and ask for full details from the client either in writing or by interview. The investigation into the matter by the Complaints Manager will usually include a review of the matter file, to include an inspection of the file, or at least a thorough consideration of relevant documents from it. The Complaints Manager will be mindful of any individual needs that the complainant might have, and will ensure that the manner in which the complaint is handled is sympathetic to those needs.

Once a complaint has been made, the person complaining will be told in writing how the complaint will be handled and in what time they will be given an initial response and that a substantive response will be given within 8 weeks. The whole object is to ensure that the client:-

(a) is satisfied that the complaint has been dealt with seriously

(b) gets a prompt response

(c) is assured that the matter is being reviewed

(d) is notified as soon as possible of the outcome.

Hopefully the client will be satisfied and the Practice will continue with the file. In some circumstances, if the solicitor/client relationship has broken down completely, it may be better for another Practice to take the file over.

What to do if we cannot resolve your complaint

The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case.

Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:

Within six months of receiving our final response to your complaint

and

No more than one year from the date of the act or omission being complained about; or

No more than one year from the date when you should reasonably have known that there was cause for complaint.

For more information contact the Legal Ombudsman.

What to do if you are unhappy with our behaviour

The Solicitors Regulation Authority can help if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.

Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority

The contact details of the Office of the Legal Ombudsman are as follows:-

Telephone: 0300 555 0333

Postal Address:

Po Box 6167

Slough

SL1 0EH

E-mail: enquires@legalombudsman.org.uk

The emphasis on providers of legal services is to provide quality professional services for reasonable fees.

The Practice’s objective is for all clients to receive an attentive and uniformly good standard of care in connection with the work we undertake for them.

The following is a list of basic policy standards applicable to all who work at Foys:-

• Telephone calls from clients are to be returned the same day, if at all possible

• Correspondence of any sort, including e-mails, should generally to be dealt with on the day that it is received if possible

• Letters to clients and other lawyers are to be written in plain and succinct language

• Appointments are to be given to clients without any undue delay.

The main tenets of client care are:-

• The Practice will treat clients fairly at all times.

• The Practice will accept instructions only where it can meet its commitment to the provision of an expert, independent and professional service to clients especially that it has sufficient resources and competence to deal with the matter; otherwise instructions maybe declined. The Practice maintains lists of work that the Practice is not currently prepared to undertake.

• All solicitors are bound by the professional rules which require confidentiality to be maintained in all dealings with clients; we extend that rule to apply to any personnel within the Practice. This means that nobody may reveal to anyone outside the Practice details of instructions provided or advice given to any client, other than in the legitimate pursuit of the client’s instructions.

• Clients are entitled to expect a genuine commitment in the handling of their instructions and for the Practice to attach appropriate priority to their requirements.

• Clients should always be dealt with courteously and respectfully. This will manifest itself in a variety of ways, for example, not keeping clients waiting without explanation; returning telephone calls and e-mails as a priority; genuinely taking an interest in them and their matters. The Practice must demonstrate a genuine concern for the Practice’s clients by doing our best to assist them.

• The Practice will provide services to clients in a manner which protects their interests in their matter, subject to the proper administration of justice.

Foys Solicitors is committed to eliminating discrimination and promoting equality and diversity in its own policies, practices and procedures and in those areas in which it has influence. This applies to the Practice’s professional dealings with other solicitors, barristers, clients and third parties (and, if or when appropriate, with staff, partners/members/ directors).

The Practice intends to treat everyone equally and with the same attention, courtesy and respect regardless of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation (together referred to as “the Protected Characteristics”, and referred to individually as “a Protected Characteristic”).

In developing and implementing its anti-discrimination policy, Foys is committed to complying with the Solicitors Regulation Authority Code of Conduct 2011 and with all current and any future anti-discrimination legislation and associated codes of practice including, but not limited to the following, and as modified from time to time:

• The Equality Act 2010 and statutory instruments and regulations issued thereunder.

• Relevant Practice Notes issued from time to time by The Law Society.

• Guidance notes and Directives issued by the Equality and Human Rights Commission (EHRC).

• At least the minimum standards required by the Practice’s contract(s) with the Legal Services Commission.

• Relevant directives, legislation and regulations issued by the European Court of Justice and/or the European Court of Human Rights.

• and any relevant modifications, amendments and additions.

The following are the kinds of discrimination that are against the Practice’s policy:

• Direct discrimination, where a person is treated less favourably on the grounds of a Protected Characteristic or they are thought to have a Protected Characteristic (discrimination by perception) or because they associate with someone who has a Protected Characteristic (discrimination by association). It is important to note that age is the only Protected Characteristic where direct discrimination may be justified but only if it can be demonstrated that the different treatment is a proportionate means of achieving a legitimate aim.

• Indirect discrimination, where a policy or Practice that applies to everyone particularly disadvantages people who share a Protected Characteristic.

• Discrimination arising from a disability where a disabled person is treated unfavourably because of something arising in consequence of their disability, and this treatment cannot be justified as a proportionate means of achieving a legitimate aim. Further, where reasonable adjustments are not made for disabled persons.

• Harassment, when unwanted conduct takes place which is related to a protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

• Victimisation, where an employer or service provider subjects a person to a detriment because the person has carried out (or is believed to have carried out or may carry out) a “protected act” (namely any of the following: bring proceedings under the “Equality Act”, giving evidence or information in proceedings brought under the Equality Act 2010, doing anything that is related to the provisions under the Equality Act 2010, making an allegation that another person has done something in breach of the Equality Act 2010).

Foys will not discriminate, nor victimise or harass, in the course of its professional dealings, groups of people on the grounds set out above; and will make reasonable adjustments to prevent those of the Practice’s employees or clients who are disabled from being disadvantaged in comparison with those who are not disabled.