Complaints Procedure

Complaints Procedure

We are committed to providing the highest quality service to our clients. If at any time you feel that this is not the case, we want to know so that we can do our best to resolve the problem.

If you have a complaint, please contact Krishna Kotecha our Complaints Handling Partner.  You can write to her at MDS, 11 De Montfort Street, Leicester, LE1 7GE or call on 0116 2547456 or email enquiries@moosaduke.com . See below for Data Protection Complaints.

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What will happen next?

We will write to you to acknowledge receipt of your complaint within 10 working days.

We will also advise you as to who will be investigating your complaint, the likely length of time it will take to investigate the matter(s) you have raised and when we are likely to be in a position to respond fully. This will not be longer than 8 weeks from the date of the complaint.

We will review your case and, where required, speak with the person who acted for you.

The Complaints Handling Partner will arrange to speak to you by telephone or arrange a meeting to discuss your complaint and how it can be resolved

Where the matter has been resolved the Complaints Handling Partner will notify you in writing.

Where the matter is not resolved satisfactorily you will be informed of your right to contact the Legal Ombudsman who will look at your complaint independently and which will not affect how we handle your matter.

Legal Ombudsman 
PO Box 6167 
Slough 
SL1 0EH

Telephone:
‍0300 555 0333 (international: +44 121 245 3050)

Email: 
enquiries@legalombudsman.org.uk

Website:
 www.legalombudsman.org.uk

Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first.  

If you have, then you must take your complaint to the Legal Ombudsman within six months of receiving a final response to your complaint and no more than one year from the date of the act or omission being complained about/no more than one year from the date when you should reasonably have known there was cause for complaint.

If you are concerned that we haven’t adhered to the SRA Rules and Regulations you can report your concerns to the SRA:

Solicitors Regulation Authority,
The Cube
199 Wharfside Street
Birmingham
B1 1RN

 Telephone: 
‍0370 606 2555 inside the UK or +44 (0)121 329 6800 from overseas

 Email: 
‍report@sra.org.uk

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data Protection complaints

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1. Purpose

This procedure explains how MDS handles complaints relating to the collection, use, storage, disclosure, retention, or other processing of personal data.

We are committed to protecting personal data and responding promptly and fairly to concerns raised by clients, prospective clients, employees, experts, witnesses, barristers, healthcare providers, and other individuals whose personal data we process.  

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2. Scope

This procedure applies to complaints concerning the firm's handling of personal data, including:

• Personal data accuracy.

• Confidentiality and privacy concerns.

• Data breaches.

• Security of personal information.

• Subject Access Requests.

• Requests for rectification, erasure or restriction.

• Retention of personal data.

• Lawful basis for processing.

• Use of special category data, including medical records.

• Marketing communications.

This procedure is separate from the firm's complaints procedure relating to the quality of legal services.

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3. How to Make a Complaint

A data protection complaint may be submitted by writing to our Compliance Officer for Legal Practice (COLP) – Gemma Lewis:

Email: glewis@moosaduke.com

Post: MDS, 11 De Montfort Street, Leicester, LE1 7GE

Telephone: 0116 754 2456

Individuals do not need to use any specific words or refer to data protection legislation when making a complaint. Any expression of concern about how personal data has been handled may be treated as a data protection complaint.

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4. Receiving and Recording Complaints

Upon receipt of a complaint, we will:

• Record the complaint in the Data Protection Complaints Register.

• Record the date received.

• Allocate the complaint to the COLP or other designated manager.

• Assess whether additional information is required.

The firm may request evidence of identity where appropriate to ensure information is disclosed only to authorised individuals.

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5. Acknowledgement

We will acknowledge receipt of a data protection complaint within 30 days of receiving it.  

The acknowledgement will normally include:

• Confirmation that the complaint has been received.

• The name of the person handling the complaint.

• Any further information required.

• An outline of the investigation process.

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6. Investigation

We will investigate complaints fairly and objectively.

The investigation may include:

• Reviewing relevant correspondence and records.

• Reviewing relevant file notes and case management records.

• Interviewing members of staff.

• Reviewing policies, procedures and security measures.

• Seeking additional information from the complainant where necessary.

We will take appropriate steps to investigate and respond without undue delay.  

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7. Communication During the Investigation

Where an investigation is likely to take some time, we will keep the complainant informed of progress.

Updates may include:

• Confirmation that enquiries are continuing.

• Requests for further information.

• Information regarding anticipated timescales.

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8. Outcome

Following the investigation, wewill provide a written response explaining:

• The findings of the investigation.

• Whether the complaint is upheld, partially upheld or not upheld.

• Any corrective action taken.

• Any measures implemented to prevent recurrence.

We will communicate the outcome without undue delay.  

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9. Corrective Action

Where appropriate, corrective action may include:

• Amending inaccurate personal data.

• Improving internal procedures.

• Providing additional staff training.

• Implementing enhanced security measures.

• Restricting or ceasing particular processing activities.

• Reporting a personal data breach where required.

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10. Escalation Rights

If the complainant remains dissatisfied after receiving our response, they may raise their concerns with the Information Commissioner's Office (ICO).

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Website: www.ico.org.uk

The ICO may require evidence that the complaint was first raised with the organisation before considering the matter.  

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11. Records Retention

We will maintain records of:

• Complaints received.

• Acknowledgements sent.

• Investigation steps taken.

• Correspondence.

• Outcomes.

• Corrective actions implemented.

These records will be retained in accordance with the firm's Records Retention Policy.

12. Responsibilities

Compliance Officer for Legal Practice / Responsible Manager

The COLP (or designated responsible manager) is responsible for:

• Overseeing compliance with this procedure.

• Investigating complaints.

• Maintaining the complaints register.

• Reporting trends and lessons learned to management.

All Staff

All staff must:

• Recognise potential data protection complaints.

• Escalate complaints promptly.

• Cooperate with investigations.

• Maintain confidentiality throughout the process.

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13. Review

This procedure will be reviewed annually or sooner if required by changes in legislation, regulatory guidance, or business operations.

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