Ms A instructed the service provider in respect of a family matter.
After 10 months of poor progress, Ms A raised her dissatisfaction with the service provider and requested a full refund of fees.
Amongst other things, Ms A complained about:
The service provider delaying progress of her matter;
The service provider failing to provide her with advice; and
Issues with the service provider’s costs.
The application was for the adoption of a child and timely progress had been essential to Ms A.
There was back and forth correspondence with the service provider regarding the complaints and they upheld some issues, offering a remedy of £1,250.
Ms A remained unhappy with the service provider’s response and offer, so escalated it to the Legal Ombudsman.
The Legal Ombudsman reviewed the complaint on receipt and passed it to the Early Resolution Team for action, as a response had been received and the firm had made an offer to resolve.
The view taken by the Early Resolution Team was that the service provider had provided a considered response to Ms A’s complaints and had upheld a number of issues.
As it was evident that the work had been of value and the matter was progressing with another service provider, our view was that a refund of their fees was not a reasonable remedy. Instead, an award for emotional impact was more suitable.
The service provider had offered a remedy of £1,250 which was in our highest category of compensation for emotional effects, and unlikely to be higher than what we would have awarded.
Ms A accepted our assessment, and the complaint was resolved by way of an agreed outcome.
As the service provider’s complaint handling had been reasonable and the complaint had been resolved in Early Resolution, no case fee was payable.
Service providers should prioritise proactive updates, especially for sensitive or time-dependent matters. Failure to do so can contribute to dissatisfaction.
Full refunds are not appropriate when substantive work has benefited the customer. It is more likely to see a reduction of some of the fees or an award of compensation for emotional impact.
Good internal complaint handling reduces both friction and financial impact. This reinforces the importance of responding thoroughly and pragmatically at first tier.
Early Resolution is most effective when the service provider has demonstrated accountability and has already made a meaningful attempt to resolve the issue. This allows the Ombudsman to facilitate agreement quickly through Early Resolution, avoiding lengthy investigations and potentially a case fee.
