Managing the personal impact of complaints
Being complained about can be difficult, stressful or distressing. It can feel very personal to receive a complaint when you feel you have tried your best to help someone. Sometimes a complainer’s distress will lead them to act in inappropriate ways when making their complaint, which can be difficult to deal with. In a small number of cases, complainers’ actions can be threatening, leading firms to believe there are risks to the safety of staff.
Research suggests being complained about can affect health, wellbeing, and work practice. In most cases, these effects are moderate, but for a significant minority they can be severe and involve illness, stress, anxiety, and reduced job performance.
However, there is evidence that the negative effects of complaints can be mitigated through the application of clear processes which both involve and support the person complained about.
At the SLCC we’re very aware that the complaints process can be difficult for everyone involved. We have a duty to consider any complaint made to us, and to do so on the merits of the case alone. Our role is to carry out an impartial investigation to help resolve or decide the issues of complaint. We also have a responsibility to try to make the process as clear and efficient as possible for both parties.
We have recently reviewed and updated our website, correspondence and processes to ensure they recognise the impact that complaints can have on those complained about, and provide appropriate information, advice and support.
Throughout the complaints process we signpost firms to appropriate support, such as the Law Society of Scotland’s Professional Practice team, which offers free and confidential support and advice for solicitors. We also work with LawCare to ensure lawyers have access to an independent source of advice and support.
While we require firms to respond to complaints, and to provide us with the information we need to progress them, we do take into account the circumstances of the complaint and its impact on both parties in considering how to manage the complaint and to support the firm to deal with it.
If a complainer is threatening physical harm or you are concerned for your own or your team’s safety, please tell us. There are flexibilities we can make within our process in these circumstances, for example waiving prematurity or not offering mediation. We would discuss these on a case-by-case basis to respond appropriately to the specific circumstances.
We’ve set out how we deal with complaints and what we’ll need from you, but if you have any questions about the process, please get in touch. We’re happy to talk you through the process.
We also provide statutory guidance on dealing with complaints, and we urge firms to consider this. Having a clear complaints process can help to manage a complaint more effectively, protecting both staff and complainers, and hopefully helping to resolve the complaint before it escalates further.
While firms have a duty to respond to complaints, a clear policy can help to de-escalate problems and to appropriately manage communications with a client while ensuring that their rights to have their complaint heard and responded to are not denied or undermined.
That guidance should help firms to listen to complaints and respond respectfully, even where they disagree, to protect and provide pastoral support to staff complained about, and to use complaints as a tool for learning and improvement.