Complaints | The Eric Whitehead Partnership
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Complaints

We are committed to providing a high-quality legal service to our clients. When something goes wrong, we need you to tell us about it. This will help us to sort out any mistakes or misunderstandings, and to improve our standards.

Please be assured that your complaint will be dealt with promptly, fairly and free of charge.

Initial concerns

In most cases, an informal chat with the solicitor (or fee earner) responsible for your matter will resolve your concerns.

If it does not, you can formalise your complaint or speak to someone other than the solicitor responsible for your matter. Our Complaints Manager Timothy Halliday can record everything you are unhappy about and recommend the best solution for you. You can contact us in respect of a complaint at clientcare@ericwhitehead.co.uk

Please be assured that there is no fee for making a complaint and you/the progress/outcome of your matter will not be affected or disadvantaged because you are making a complaint. A proper standard of work will be maintained, and your complaint will be dealt with fairly, separately from the complaint.

What we need to know

To deal with your complaint correctly, it would be helpful when contacting us if you could provide the following information:

  • Your name, contact details and preferred contact method
  • File reference number
  • Details of your concerns
  • How you would like us to put things right.

What will happen next?

  1. If you telephone us, we will endeavour to resolve the issue in that call.
  2. If you email or write to us, we will acknowledge receipt of your communication within two working days and where we consider it appropriate, we will enquire whether you are happy for us to discuss matters with you over the telephone or whether you would wish to discuss matters informally with us to see if the matter can be resolved without a formal process being started.
  3. If your complaint cannot be resolved as set out above or if you request at any time that we carry out a formal process of investigating complaint we will follow the remaining process.
  4. Our Complaints Manager will conduct an initial investigation into the issues raised. This will normally involve reviewing your file and speaking to the staff member who acted for you. We will send you a detailed reply which sets out our findings and any action plans or proposed resolutions within 5 weeks of sending you the acknowledgement letter.
  5. If this initial investigation does not resolve your concerns, you can escalate your complaint to a director of the firm, who has not had any dealings with your matter thus far, to review the initial decision. We will need a few details from you to highlight the areas that need further review. We will then write to you within 2 weeks of receiving your request for a second review, confirming our final position on your complaint and explaining our reasoning.

If we have to change any of these timescales, we will let you know, explain why and seek your agreement before proceeding.

What to do if we cannot resolve your complaint

If you have exhausted our internal escalation process yet remain dissatisfied, or a period of eight weeks has expired since we acknowledged your complaint without our final response being received, you are entitled to refer your complaint to the Legal Ombudsman. The Legal Ombudsman will look at the complaint independently and any investigation by them will not affect how we handle your case.

Before accepting a complaint for investigation, the Legal Ombudsman will check:

  • you have tried to resolve the complaint with us in the first instance and
  • you have suffered significant financial loss, distress, inconvenience or detriment, which deems it proportionate for them to investigate.

We will always be happy to discuss your issues further, prior to you going down this route, if you wish to do so.

For complaints about our service, including billing issues, you may contact the Legal Ombudsman via one of the methods below:

  • Phone: 0300 5550333
  • Email: enquiries@legalombudsman.org.uk
  • Online: using their online complaint form https://www.legalombudsman.org.uk/make-a-complaint
  • Post: Legal Ombudsman, PO Box 6167, Slough. SL1 0EH
  • Relay UK: 18001 0300 555 0333

Any complaint to the Legal Ombudsman must usually be made within six months of the date of our final written response to your complaint. You should also be aware that the Ombudsman will consider your complaint if you refer it on to them within either of the following:

  • one year from the date of the act or omission being complained about OR
  • one year from the date when you should reasonably have known that there was cause for complaint.

The Ombudsman has discretion to extend the one year time limit for specific customers if, on the evidence, it is fair and reasonable to do so.

Note that the Legal Ombudsman service cannot be used by businesses or most other organisations, unless they are below certain size limits. Further details are available from the Legal Ombudsman’s website.

It is worth considering, whilst it is open to you to submit a complaint to the Legal Ombudsman, they apply strict criteria to determine whether they will ultimately accept a complaint for a full investigation. They have the discretion to dismiss or discontinue all or part of a complaint if they believe:

  1. it does not have any reasonable prospects of success.
  2. you have not suffered (and are unlikely to suffer) significant financial loss, distress, inconvenience or detriment.
  3. it is frivolous, vexatious, lacks merit or where there is a compelling reason not to accept it.
  4. the likely impact, size, complexity, scope, volume of evidence or your conduct render it disproportionate/unreasonable/impossible for the complaint to be investigated.
  5. you have previously complained about the same issue to them, unless you provide material evidence that is likely to affect the outcome which only became available to you after you submitted the original complaint.
  6. there has been undue delay in the complaint being raised.

  Also note:

  1. If, during the course of an ongoing investigation by the Ombudsman, a revised/increased offer is made by us which is deemed to be fair and reasonable redress and you decide to reject that offer, the Ombudsman has the discretion to dismiss or discontinue all or part of your complaint.
  2. If you have already accepted an offer to settle your complaint made by us during our internal complaint handling process, which is deemed to be fair and reasonable redress, unless there has been some significant intervening act, you will not be able to have that agreement overturned in the hope of securing a preferential outcome by pursuing your complaint via the Ombudsman.

  For more information on the Legal Ombudsman’s rules and requirements, please see their Scheme Rules dated April 2023.

What to do if you are unhappy with our behaviour

The Solicitors Regulation Authority (‘SRA’) 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 the ‘Reporting an individual or firm’ page of their website to see how you can raise your concerns with the SRA.

What to do if your complaint relates to an insurance policy

If your unresolved complaint relates to an insurance policy covering your case, you may contact the Financial Ombudsman Service:

  • Phone: 0800 023 4567
  • Online complaint forms available via their website:
  • Email: complaint.info@financial-ombudsman.org.uk
  • Post: Financial Ombudsman Service, Exchange Tower. Harbour Exchange. London. E14 9SR.

What to do if your complaint relates to Data Protection 

Individuals may make a data protection complaint to the firm through any of the following channels:

  • Email: clientcare@ericwhitehead.co.uk
  • Post: Data Protection Complaints, The Eric Whitehead Partnership, St Giles’ Chambers, 14-16 Chapel Street, Cheadle, Staffordshire ST10 1DY.
  • Telephone: 01538 755761 (complaints made by telephone must be followed up in writing)
  • In person: At any of the firm’s offices, addressed to the Data Protection Manager

Complaints may be made by the data subject directly or by an authorised representative. Where a representative submits a complaint, the firm must verify their authority to act before disclosing personal data.

The right to make a data protection complaint is contained within the firm’s privacy notice, all responses to data subject rights requests, the firm’s website, and client engagement letters where appropriate.

All data protection complaints will be logged on the data protection complaints register immediately upon receipt.

The firm will acknowledge receipt of any complaint within 14 calendar days.

For information purposes the 30-day period begins the day after receipt, regardless of whether that day falls on a weekend or bank holiday. Where the 30th day falls on a non-business day, the firm has until the next working day to issue the acknowledgement.

The acknowledgement will

  • Confirm receipt of the complaint and provide the reference number
  • Identify the DPM as the point of contact
  • Provide an indication of the expected timeframe for investigation and response
  • Inform the complainant of their right to complain to the ICO if they are dissatisfied with the outcome

We will begin to investigate the matter when the complaint is received.

We will undertake the following steps as part of the investigation:

  • we will review the personal data and processing activities that are the subject of the complaint
  • we will gather relevant information from internal teams, systems and records
  • we will consult with the DPM or external advisers where the complaint raises complex or novel issues
  • we will consider whether the complaint reveals a personal data breach requiring separate notification under Articles 33 and 34 UK GDPR
  • we will consider whether other data subjects may be affected by the same issue

Our investigation will be be proportionate to the nature and seriousness of the complaint.  We may be able to resolve simple complaints  immediately, but complex complaints will require a more detailed investigation.

Target timeframe: The firm aims to complete investigations and provide a final response within 30 days of receipt of the complaint.

Where this is not possible, we will provide the complainant  with a progress update explaining the reason for the delay and a revised timeframe.

Outcome and Response

The firm will inform the complainant of the outcome without undue delay.

The outcome communication will include:

  • A clear explanation of the findings of the investigation
  • What action the firm has taken or will take in response
  • The reasons for the decision, particularly if we do not uphold the complaint
  • Information about the complainant’s right to escalate the complaint to the ICO, including:
  • ICO website: ico.org.uk/make-a-complaint
  • ICO helpline: 0303 123 1113
  • Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

The outcome will be  communicated in writing, even where the complaint was made verbally..

Complaints Involving Data Processors

Where a complaint relates to processing carried out by a third-party data processor on behalf of the firm, the complaints coordinator will:

  • Notify the processor of the complaint and request relevant information to support the investigation
  • Ensure the data processing agreement requires the processor to cooperate with complaint investigations
  • Remain responsible for communicating with the complainant — the firm acknowledges as controller is accountable for the response

Where a complaint is misdirected to the firm but relates to processing for which another organisation is the controller, the firm will inform the complainant promptly and, where possible, redirect the complaint to the correct organisation.

Complaints Involving Children

Complaints from or about children will be  handled with particular care.  In such circumstances the firm will respond in plain, clear language and assess the child’s competence to understand and exercise their rights. Where the firm is subject to the Age Appropriate Design Code, we will ensure compliance with the requirements in Standard 15 of that code.

What to do if your complaint remains unresolved

If a complaint cannot be resolved, you may also be able to ask for it to be referred to a process of alternative dispute resolution using a certified provider. We are not required to agree to such a request. In any case this is not available to businesses, only consumers. We will give you more information about that right if it becomes relevant.

                                             June 2026

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