Ruling that an offer is reasonable

The complaint

Mr W hired a solicitor for a medical negligence claim. His solicitor told him that he’d likely lose the claim, so Mr W asked if they would seek a second opinion from another solicitor.

 

When Mr W complained that his solicitor had taken two months to send his file for a second opinion, they admitted they could have done so quicker and offered him £250 compensation.

 

He wasn’t satisfied with this offer and brought his complaint to us.

Was the service reasonable?

While the delay clearly worried and inconvenienced Mr W, it was for a short period and did not impact his claim’s progress or his ability to seek advice elsewhere.

Therefore, we considered the offer of £250 compensation fair and reasonable.

How did we resolve the situation?

We dismissed Mr W’s complaint because his solicitor had made a reasonable offer that he could still accept.

  • 5. 7 of our scheme rules state that an ombudsman may dismiss or discontinue all or part of a complaint if, in their opinion, the authorised person has already offered fair and reasonable redress in relation to the circumstances alleged by the complainant and the offer is still open for acceptance