The service provider was instructed in respect of a probate matter when Mrs P’s relative passed away. Mrs P was one of several beneficiaries who were benefitting from their service.
Probate had been granted however there were delays in completing the work and in issuing monies to beneficiaries.
Mrs P believed that the delay was the service provider’s fault and that they had not kept beneficiaries updated.
Mrs P complained to the service provider about:
As a resolution she asked for better communication and for beneficiaries to receive the final instalment. Additionally, she asked for the delays to be addressed along with an apology.
Mrs P was not seeking financial compensation.
As Mrs P did not receive a response to her complaint, she escalated it to the Legal Ombudsman.
The complaint was reviewed on receipt. However as there had been no complaint response it was not suitable for Early Resolution. As a result, it was progressed to an in-depth investigation.
After reviewing the complaint, the investigator contacted the service provider and discussed Mrs P’s concerns. They clarified that a letter of apology along with some acknowledgement, to provide confidence that the service provider would be more mindful in future, was what was being requested. They explained that Mrs P’s request for an apology was not unreasonable considering the clear delays.
The investigator made it clear that the alternative was an investigation, with the potential award of a financial remedy, if a failing was found.
The service provider accepted the investigator’s view, issuing a sincere apology with acknowledgement of where they could have provided clearer communication. This was accepted by Mrs P, and the complaint was resolved without investigation.
As the service provider’s complaints handling was unreasonable, a case fee of £400 was payable.
