Complaints

Deka Chambers prides itself on the excellence of its service. If at any time you have any concerns about the quality of the services of our barristers or members of staff you are invited to let us know as soon as possible.

In most cases this may be resolved informally and therefore in the first instance we would always encourage you to discuss any day-to-day concerns about the services of our barristers directly with them. Any such concerns can also always be raised with our clerking team, and, in particular, Michael Goodridge, our Director of Clerking and Business Development.

Any concerns about members of staff should be raised with Gordon Walters, Director of Operations. If the complaint is about him then discuss the matter with the Head of Chambers.

We would very much hope that the matter can be resolved at this point, and that you will be satisfied with the outcome.

However, if you feel that the concern or matter you have raised has not been dealt with to your satisfaction, then you may wish to make a formal complaint. We set out the steps in our formal complaints procedure below.

Complaints Procedure

Introduction

Deka Chambers (“DC”) aims to give a good service to all our clients. If you have a complaint about us or the service you have received, you are invited to let us know as soon as possible. It is not necessary for you to involve solicitors in making your complaint, but you may do so if you wish.

All complaints are taken seriously and will be handled with care. Making a complaint will not disadvantage your case or matter or result in delay. Complaints will be investigated fairly, consistently, diligently and impartially, and resolved promptly.

Legal Ombudsman Time Limits

The Legal Ombudsman has time limits in which a complaint must be raised with them. From 1 April 2023:

• the complainant must refer the complaint to the Legal Ombudsman no later than one year from the act/omission, or one year from when the complainant should reasonably have known there was cause for complaint; and
• the complainant must refer the complaint to the Legal Ombudsman within six months of the complaint receiving a final response from their lawyer, if that response complies with the requirements in rule 4.4 of the Scheme Rules (which requires the response to include prominently an explanation that the Legal Ombudsman was available if the complainant remained dissatisfied, and the provision of full contact details for the Ombudsman and a warning that the complaint must be referred to them within six months).

DC will have regard to those timeframes and will not usually deal with complaints that fall outside the Legal Ombudsman’s time limits. The Ombudsman may extend the time limits in exceptional circumstances.

Non-Client Complaints

The Legal Ombudsman only deals with complaints from consumers. Only complaints from the barrister’s client are within its jurisdiction. If you are not the barrister’s client, your complaint is not within the jurisdiction of the Legal Ombudsman and you should contact the Bar Standards Board (see below for contact details).

It may not always be possible to investigate a non-client complaint. DC will make an initial assessment of any non-client complaint and, where DC considers it cannot be satisfactorily resolved through its complaints process, the complainant will be referred to the BSB.

Complaints in Writing and Accessible Formats

If you wish to make a complaint in writing, please provide:

• your name and address;
• which member(s) of Chambers you are complaining about;
• the detail of the complaint; and
• what you would like done about

Please address your complaint to the Director of Operations, Gordon Walters, at Deka Chambers, 5 Norwich Street, London, EC4A 1DR, or by email to gwalters@dekachambers.com. Details are available at www.dekachambers.com.

We will acknowledge your complaint within two days where possible and provide details of how it will be dealt with.

If you require your complaint to be handled in an accessible format, DC will discuss and advise on options available to you.

Complaints by Telephone or Video Call

If you wish to make a complaint by telephone or video call, please contact the Director of Operations, gwalters@dekachambers.com If your complaint is about the Director of Operations, please contact the Head of Chambers via clerks@dekachambers.com

The person you contact will make a note of the details of your complaint and will aim to resolve it. If the complaint is resolved at that stage, they will record the outcome and check that you are satisfied. If the complaint is not resolved, you will be invited to put it in writing (see below). Accessible formats for making your complaint will be discussed and agreed with you.

Investigation

Written or formal complaints are considered by a panel headed by a nominee of the Head of Chambers, together with experienced members of Chambers and a senior member of staff. Within 14 days of your letter, the head of the panel (or their deputy) will appoint a panel member to investigate your complaint. If your complaint is against the head of the panel, the next most senior member of Chambers will investigate.

The appointed person will always be someone other than the person complained about. The investigator will write to you as soon as they are appointed, will aim to reply within 14 days, and will set a new date and inform you if that is not possible. Regular progress updates will be provided throughout the process.

The reply will set out:

• the nature and scope of the investigation;
• the conclusion on each complaint and the basis for it; and
• if justified, proposals for

Confidentiality

All conversations and documents relating to your complaint will be treated as confidential and disclosed only to the extent that is necessary. Disclosure will be limited to the Head of Chambers, members of the Management Committee, and anyone involved in the complaint and its investigation (including the barrister or staff member complained about, the head or senior member of the panel, and the investigator). The Bar Standards Board is entitled to inspect documents and seek information when discharging its monitoring functions.

Record Keeping

DC keeps a written record of every complaint. Documents and correspondence are retained for six years. The Management Committee inspects an anonymised record regularly to improve services. A summary of the complaint is provided to the BSB on an anonymous basis (what the complaint was about and the outcomes).

Complaints to the Legal Ombudsman

If you are unhappy with the outcome and you fall within the Legal Ombudsman’s jurisdiction, you may take up your complaint with the Legal Ombudsman at the conclusion of our consideration of it. The Legal Ombudsman cannot consider your complaint until it has first been investigated by DC, or if it has not been resolved within 8 weeks of you making your complaint.

Those who are eligible to complain to the Legal Ombudsman are as follows:

• individuals;
• micro-enterprises within the meaning of Commission Recommendation 2003/361/EC (broadly, businesses or enterprises with fewer than 10 employees and turnover or assets not exceeding €2 million);
• charities with an annual income net of tax of less than £1 million;
• clubs, associations or organisations managed by their members or a committee of members, with an annual income net of tax of less than £1 million;
• trustees of trusts with an asset value of less than £1 million; and
• personal representatives or beneficiaries of the estate of a person who had not referred the complaint to the Legal Ombudsman before they died.

Legal Ombudsman Contact Details

Address: PO Box 6167, Slough, SL1 0EH Telephone: 0300 555 0333

Email: enquiries@legalombudsman.org.uk Website: http://www.legalombudsman.org.uk/

Alternative Dispute Resolution (ADR)

Alternative complaints bodies (such as those approved by the Chartered Trading Standards Institute) also exist which are competent to deal with complaints about legal services. A list of CTSI-approved ADR bodies is available at https://www.tradingstandards.uk/consumer-help/adr-approved-bodies/.

If mediation is used, neither party is required to accept the proposed resolution. You may still complain to the Legal Ombudsman (within jurisdiction and time limits). Neither DC nor you is required to use ADR — it is optional.

Free of Charge

DC does not charge clients for making or handling a complaint and does not charge for the use of mediation services.

Complaints to the Bar Standards Board

If you are not the barrister’s client and are unhappy with the outcome, you may contact the Bar Standards Board:

Contact and Assessment Team Bar Standards Board

289-293 High Holborn London, WC1V 7JZ Telephone: 020 7611 1444

Website: www.barstandardsboard.org.uk