What is professional negligence, and against whom can I claim?
Professional negligence might arise when a professional representing you makes an error, leading you to incur a financial loss.
The sort of professional you might claim against is one you’ve remunerated for their expert services, such as a solicitor, barrister, surveyor, architect, accountant, financial adviser, or tax consultant. This stems from the fact that the professional is obligated to serve you with the diligence and expertise anticipated of a reasonably adept individual in their field of specialisation.
Myerson Solicitor’s Dispute Resolution team shed light on constraints regarding professional negligence claims and redress via the Legal Ombudsman.
Restrictions concerning professional negligence claims
You’re not permitted to raise a professional negligence claim against public entities like the NHS, local authorities or Government divisions like the Department for Work and Pensions or the Department for Health and Social Care. Whilst these organisations might owe you a duty of care under another legal domain, they wouldn’t meet the requisite standard for negligence.
Claims of professional negligence can’t be initiated against trade unions. However, these unions might direct you to a professional, such as a solicitor or legal representative. Should they act negligently, you might then have grounds for a claim.
Is subpar service different to negligence?
There’s a possibility that you’ve encountered substandard service from a professional, implying they haven’t managed your case as efficiently as expected. This might manifest in delays in receiving updates or them not replying to your emails and calls promptly or at all.
While this is undeniably vexing, subpar service isn’t equivalent to negligence. Thus, a solicitor specialising in professional negligence wouldn’t be in a position to aid you in pursuing a claim for poor service. Under such circumstances, you might have grounds to seek redress through the Legal Ombudsman.
Grievances regarding inferior service
If you’ve been on the receiving poor service from a professional, there are measures you can adopt without resorting to a solicitor:
- Firstly, peruse any engagement letter furnished by the professional. Typically, it outlines the company’s internal grievance procedure, which you ought to follow if you’re discontented with the service rendered. Initially, communicate with the person overseeing your case, their overseer, or head of department. The engagement letter should also supply the name of the firm’s Complaints Manager or Partner to address should an amicable resolution prove elusive.
- If an engagement letter wasn’t given, or the necessary details were omitted, the Complaints Manager or Partner’s contact might be found on the firm’s website. Alternatively, seek this information from your liaison at the firm. If all else fails, address your grievance to the firm’s directors or partners.
- A company’s grievance procedure typically allots up to 8 weeks for them to reply to your formal written complaint.
- If following that duration, the firm hasn’t reverted or their response is inadequate, you can typically escalate your complaint to an Ombudsman (the Financial Ombudsman or the Legal Ombudsman if your grievance pertains to a legal firm). This is an autonomous entity and availing their services is free.
- It’s imperative to have adhered to the company’s grievance protocol and waited the stipulated response time before the Ombudsman considers your grievance. Should the firm reply, they must furnish details on how to escalate the matter to the Ombudsman.
Time constraints for lodging complaints with the Ombudsman
You must be aware of the finite window available to lodge a complaint with the Ombudsman. If you wish to lodge a complaint with the Legal Ombudsman concerning a solicitor or barrister, it must be:
– Within a year from when the issue transpired;
– A year from when you became cognisant of the issue; or
– 6 months from the firm’s concluding reply.
To lodge a complaint with the Financial Ombudsman, it typically should be within six years of the incident. If this window has elapsed, they might still entertain your complaint if lodged within three years from when you became aware (or should’ve reasonably been aware) of the situation.
In any case, it’s prudent not to procrastinate in lodging your grievance with the Ombudsman.
Compensation via the Legal Ombudsman
The Legal Ombudsman wields the authority to mandate a legal professional to compensate you up to £50,000. The Financial Ombudsman’s award varies based on when the issue arose and the complaint’s timing. Redress from the Ombudsman might entail a refund of professional fees or compensation for the subpar service rendered.
Upon receiving the Ombudsman’s definitive verdict, should you opt to accept, it’s usually final, precluding any legal action against the professional. Before accepting the Ombudsman’s final decision, especially if mulling a professional negligence claim against the professional, it’s wise to consult a solicitor.
