Background

Mr C was a beneficiary of an estate. The service provider was appointed by the executor to administer the estate. As a beneficiary, Mr C was in receipt of a service hence was entitled to raise a formal complaint. 

He made a complaint to the service provider, raising a number of concerns with them about their communications and the time being taken to progress the estate. 

Mr C was looking for compensation and an explanation for the issues which had arisen. 

Complaints

Mr C made a formal complaint around two broad issues: 

  • The service provider failed to respond to his requests for updates; and  

  • The service provider caused delays in progressing the administration of the estate. 

Mr C did not receive a response to his complaint, which resulted in him escalating the matter to the Legal Ombudsman.  

The service provider was delayed in providing a response, but did so before the matter was reviewed by the Ombudsman. The service provider provided a substantive response and also explained that there were technical reasons why they had not received Mr C’s emails. An offer of £350 was made as compensation for the emotional effects related to both Mr C’s complaints and the delay in handling those complaints.  

The Legal Ombudsman’s view and approach

Mr C’s complaint was reviewed on receipt, and when considering his complaints it was concluded that the service provider had made a reasonable offer. Subsequently the complaint was passed to the Early Resolution team. 

The Early Resolution team noted that, although the service provider’s complaints handling was delayed, there were technical reasons why Mr C’s emails had not been received by them. The service provider gave a full explanation of what had happened, sincerely apologised, and offered an enhanced remedy of £350 to reflect both their communication failing and the delayed complaints handling.  

A member of the Early Resolution team explained that the service provider’s offer was reasonable as it was in line with what we would direct, if all of the complaints were upheld. Mr C then decided to accept the firm’s offered remedy. The complaint was closed as an agreed outcome at early resolution.  

As the complaint was resolved by the Early Resolution team, no case fee was payable. 

LeO Insights

  • Beneficiaries are able to raise service complaints. 
  • The service provider’s apology and explanation made a significant difference to the resolution of this complaint. 

  • As the service provider made an offer which considered the quality of their complaints handling, this case was capable of early resolution.