Handling Complaint Form Use this form for complaints about the way the Law Society of Scotland, or The Faculty of Advocates The Association of Commercial Attorneys dealt with your complaint Please use BLOCK CAPITALS if writing by hand. Boxes will expand as you type. Contact us if you have problems either filling in this form, or putting your complaint in writing. Please let us know if you have any difficulties with written or verbal communication so we can adapt to your needs where possible. Phone 0131 201 2130 Fax 0131 201 2131 Email [email protected] www.scottishlegalcomplaints.org.uk See “Guidance for completing the Handling Complaint form” for assistance. Section 1 – About you This section must be completed by the person making the complaint. Title Name(s) Address Postcode Daytime phone Mobile Email Please indicate your preferred method(s) of communication by ticking the appropriate boxes. Are you complaining on behalf of someone else? 2013.04.16 Yes No (tick box) If yes, please also complete Section 3. Page 1 of 10 Section 2 – About your complaint Which professional organisation are you complaining about? □ Law Society of Scotland □ The Faculty of Advocates □ The Association of Commercial Attorneys If you know it, please give the reference number the professional organisation used when dealing with your complaint. Has the professional organisation completed its investigation of the conduct complaint? Yes No (If yes, please complete the box below.) What is the date of the professional organisation’s final decision letter? It is helpful if you send a copy of the final decision letter with this form. IMPORTANT If the professional organisation has already completed its investigation of your complaint, you must send your completed Handling Complaint Form to us within 6 months of the date of the final decision letter. Otherwise we cannot consider your complaint. If the professional organisation has not yet started its investigation, or if you have concerns about the way the investigation is progressing, you should send this form to us as soon as possible. What is the name of the practitioner (solicitor, advocate or attorney) who you complained about originally? Name of practitioner Name of firm (if applicable) This section continues on the next page. 2013.04.16 Page 2 of 10 Please use this section to tell us as much as you can about your complaint. If your complaint is about how the professional organisation handled your complaint, describe what you think went wrong. For example – delay, failure to understand your complaint, failure to take into account all the evidence, poor communication. Continue on a separate sheet if necessary. How has this affected you? Continue on a separate sheet if necessary. What would help to resolve the problem(s)? Tell us how you would like your complaint to be resolved and why. (The SLCC might make recommendations to the professional organisation to pay you compensation, to investigate your complaint further, or to reconsider your complaint.) Continue on a separate sheet if necessary. 2013.04.16 Page 3 of 10 Section 3 – Complaining on behalf of someone else ONLY complete this section if you are making the complaint on behalf of someone else. I am making this complaint on behalf of Title Name(s) Address Postcode Daytime phone Mobile Email What is your relationship to the person(s) on whose behalf you are complaining? Why is the person(s) not making the complaint? Please ask the person(s) on whose behalf you are complaining to sign this form. Signature Date If they cannot sign, please explain why. If you have been granted Power of Attorney, or are an Executor, please send us the evidence of this (e.g. Grant of Power of Attorney, Grant of Confirmation, copy of the will) 2013.04.16 Page 4 of 10 Section 4 – Declaration We CANNOT investigate your complaint if you do not sign and date this form. Do you consent to this form and any enclosures being copied to the professional organisation and to the practitioner originally complained about? Yes No Do you authorise any person or body to provide and deliver information, documents, files or related papers required by the SLCC in order to investigate this complaint? Yes No Do you authorise the SLCC to disclose information, documents, files or related papers in order to investigate this complaint? Yes No PLEASE NOTE If you are unwilling to let us disclose information or obtain information, the extent of our actions will be limited. This means we may not be able to deal with your complaint. If you are unwilling to let us obtain documents, we may not be able to deal with your complaint. If your complaint is not pursued for these or any other reasons, the SLCC will still notify the professional organisation and the practitioner concerned of its receipt and the subject of your complaint. If the SLCC accepts your complaint agreeing not to disclose information, we will still notify the professional organisation and the practitioner concerned of its receipt, the subject of your complaint and the outcome of the investigation. Your signature Date Please send this form and documents to The Scottish Legal Complaints Commission By post The Stamp Office 10 – 14 Waterloo Place Edinburgh EH1 3EG Email: [email protected] If you are sending this form by email, please ensure your signature is scanned on to the form itself. We cannot accept electronic signatures. Fax: 0131 201 2131 Check that you have included everything you want to tell us about this complaint and have attached any relevant copy correspondence or documents. Do not send original documents as we do not normally return them and may destroy them 14 months after your complaint file is closed. 2013.04.16 Page 5 of 10 Blank page to allow Equal Opportunities form to be retained separately. 2013.04.16 Page 6 of 10 Equal Opportunities (detachable part of form) The information given on this form will help us monitor who uses our services and to ensure we reach the widest possible audience. The information is confidential and will be kept separate from your complaint form. It will not affect the way your complaint is handled. Please tell us about yourself by ticking the appropriate boxes. In the case of a joint complaint, the lead complainer should fill out the form. 1. Ethnic background White Scottish Other British Irish Any other white background Asian, Asian Scottish or Asian British Indian Pakistani 4. Age Under 16 16 – 18 19 – 24 25 – 34 35 – 49 50 – 64 65 and over Bangladeshi Chinese Any other Asian background 5. Do you have a disability? Yes – please give details Black, Black Scottish or Black British Caribbean African Any other black background Mixed Any mixed background – please give details No 6. How did you find out about the SLCC? (Tick all that apply) From the organisation complained about Citizens Advice Bureau Directory enquiries Internet search Friend or relative 2. Residence Are you ordinarily resident in Scotland? Yes No Library Member of the Scottish Parliament (MSP) Member of Parliament (MP) Newspaper Phone book 3. Gender Female Radio or television SLCC website Male Law Society of Scotland The Faculty of Advocates Other – please give details 2013.04.16 Page 7 of 10 Blank page to allow Guidance for completing the Handling Complaint form to be retained separately. 2013.04.16 Page 8 of 10 Guidance for completing the Handling Complaint form Section 1 - About you This must be completed by the person making the handling complaint. You should give relevant contact details including contact telephone number(s) and your preferred method of contact, e.g. by post, email, fax or phone. If you are complaining on behalf of someone else, you should tick the box in this section and also complete Section 3. Section 2 - About your complaint Who are you complaining about? In this section we are looking for details about the professional organisation you are making a handling complaint about. You should provide the professional organisation’s reference number if you know it. We can then link your original complaint to this complaint. It is important that we know whether the professional organisation has completed its investigation of your conduct complaint, or whether the investigation is still in progress (or has not yet started). You will know if the investigation has completed, because you will have received a final decision letter. If the professional organisation has completed its investigation, so we can be satisfied that your handling complaint has been brought within the six month time limit, we ask you to provide the date of the final decision letter. We also ask for a copy of the decision letter. If you do not have the decision letter, do not worry. The SLCC can obtain a copy from the professional organisation. If the investigation of the conduct complaint has not yet started or is still in progress, please provide copies of any correspondence you have had with the professional organisation about your concerns about the conduct investigation. We also need details of the practitioner who you complained about originally, as details of your handling complaint will be sent to this practitioner and they will be involved in the handling investigation process. What are you complaining about? We are looking for details of where you think the professional organisation’s investigation of the conduct complaint went wrong. If there are several issues, try to summarise them as separate points. You may wish to send us copies of letters or documents you think will help us to understand your handling complaint properly. Remember, this is your complaint about how the professional organisation investigated your conduct complaint. You should not include details about your original conduct complaint, as the SLCC cannot investigate conduct complaints. How has this affected you? Please tell us about how you feel about what went wrong in the investigation and about any costs or losses you may have incurred. If you had to pay for things as a result of the professional organisation’s actions, tell us how much you had to pay and where you have receipts, send us copies. 2013.04.16 Page 9 of 10 What would help to resolve the problem/s? Tell us how you would like your handling complaint to be resolved and in what way. This may include, for example, an apology, compensation, reinvestigation of the complaint by the professional organisation or reconsideration of a decision. The SLCC may not be able to direct a professional organisation to do all of things that you would like. Section 3 - Complaining on behalf of someone else This section is ONLY to be completed if you are complaining on behalf of someone else. We may contact them to confirm their agreement to you pursuing the handling complaint on their behalf. If possible, they should sign the form, but this is not essential. If they cannot, we ask you to explain why. Section 4 – Declaration Signing the form We cannot investigate your handling complaint until we receive a signed and dated Handling Complaint form. If you are submitting the form electronically, you can either print, sign and send the form to us, or send us a scanned copy of the declaration page. Consent We also ask in this section whether you consent to the form being copied to the professional organisation and the practitioner originally complained about. This will give the professional organisation and the practitioner the opportunity to comment on your handling complaint. We usually send copies of the form and supporting documentation to them. The SLCC may also need to make enquiries of other persons or bodies in order to investigate your handling complaint. We ask you to consent to the SLCC contacting such persons or bodies if we consider it necessary to do so to carry out our investigation. The SLCC may also need to disclose information which we have received from you to other persons or bodies during the course of the investigation of your handling complaint. If you don’t let us obtain or disclose information or documents, the extent of our actions will be limited and we may not be able to deal with your handling complaint. If we are unable to investigate for these or any other reasons, we will still notify the professional organisation and the practitioner that we have received a handling complaint from you and the subject of that complaint. If we accept your handling complaint and agree not to disclose any information or documentation during the investigation, we will still notify the professional organisation and the practitioner that we have received a handling complaint from you, the subject of that complaint and the outcome of the investigation. Equal Opportunities (detachable part of the form) The SLCC wish to ensure that we reach the widest possible audience and is keen to use the information in this part of the form, anonymously, to improve our service. We appreciate your assistance in completing this section. 2013.04.16 Page 10 of 10
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