Complaints Procedure
How can I complain about the service that I am receiving?
You have the right to complain if the service you receive from us does not meet the standards set out in the Customer Services Standards in our Customer Charter. We are committed to the provision of a quality service in line with our Customer Charter. This charter is available here, or you can ask for a copy from our Head Office or a Law Centre.
If we get something wrong, we will apologise and, where possible, we will try to put things right. We also aim to learn for our mistakes and use the information we gain to improve our service.
If you believe the service you are receiving does not meet out Customer Charter/Customer Service Standards, you have the right to complain. We believe it is best to deal with problems directly and as soon as possible. If you have a complaint, please raise it with the person you are dealing with and they will try and resolve with you there and then. However they may need time to deal with it.
Alternatively, you can make a complaint by completing a Complaint Form and returning it to a Complaint Officer at:
Civil Operations, Legal Aid Board, 48-49 North Brunswick Street, Georges Lane, Dublin 7
or by email to complaints@legalaidboard.ie
A copy of our Complaint Form can be found here.
Please be assured that making a complaint will not negatively impact on the service you are receiving from us.
What should you include in your complaint?
- Remember to state your name, address, telephone number, email address and case reference number.
- Describe what your complaint is about stating relevant times and dates.
- List your specific concerns starting with the most important concern
- State what you would like to happen (for example an apology, explanation, etc.)
- State your preferred method of communication, i.e. letter or email as all complaints are dealt with in writing.
The Complaints Officer will acknowledge receipt of your complaint within 5 working days and decide the appropriate person to deal with your complaint. You will be notified who is handling your complaint.
The person who will investigate your complaint depends on who the complaint relates to:
- If the complaint is in relation to a Law Centre staff member(but not the managing Solicitor of the law centre) or a barrister - the Managing Solicitor of the law centre will investigate.
- If the complaint is in relation to the Managing Solicitor- the Regional Manager who has responsibility for the law centre will investigate.
- If the complaint is in relation to a private solicitor providing services on our behalf a Manager in the Board's Decision Making and External Services function will investigate.
Please note that we can only accept a complaint regarding a private solicitor or barrister if it is in relation to civil legal aid work.
The person who is investigating your concerns will aim firstly to establish the facts. The extent of this investigation will depend on how complex and how serious the issues you have raised are. In complex cases, we draw up an investigation plan. We aim to resolve concerns as quickly as possible and expect to deal with the vast majority within 30 working days. Where the complaint is taking longer to respond to, you can expect to receive an update every 20 working days after that.
Our procedure for dealing with your complaint
The standard operating procedure in matters of this mature is that all communication should be in writing (letter or email), so as to ensure there is a clear record of the communication. We will deal with your complaint in an open and honest way.
Our procedure for the investigation of complaints incorporates fair procedures for all involved. In order for a full investigation into your complaint to take place, you should be aware that details of your complaint will be made available to the person about whom the complaint relates, for their comments on the matter. Similarly, you will be provided with a copy of their response and you can make observations of your own. It is in the interests of all concerned that complaints be dealt with a quickly as possible. Therefore, you will be required to furnish any observations you wish to make on this response within a period of 14 days of being furnished with the response. If your observations are not received within that period of 14 days then the consideration of your complaint will continue in the absence of any such observations from you. The Decision Maker will make a decision when they feel they are in receipt of all relevant information and you and the person you complained of will be notified of that decision.
Outcome of Complaints
If a complaint is found to have merit then we will apologise, and where possible, we will try put things right. We will also aim to learn from our mistakes and use the information we gain to improve our service.
Internal Review of your complaint
You can seek a review of how the complaint was handled to a Review Officer. The review Officer can determine the appropriateness of the decision made in the original complaint investigation report and decide whether to:
- Upholds it in full
- Uphold it in part
- Not uphold it
- Vary it
- Make a new recommendation
External Review
Are there any other remedies available to me?
The Officer of the Ombudsman is entitled in certain circumstances to investigate any actions taken by us in the performance of our administrative functions. The Office of the Ombudsman is not, however, entitled to investigate the provision of legal services by law centre solicitors or by private solicitors who are providing services on our behalf. If you have a complaint about legal services you are receiving from you solicitor, the Office of the Ombudsman has no role.
Contact details for the Office of the Ombudsman are as follows:
The Ombudsman will ask you for details of your complaint and to provide a copy of this letter (our final response to your complaint). The best way to do this is through: ‘Make A Complaint’ at www.ombudsman.ie
You can also write to: Office of the Ombudsman, 6 Earlfort Terace, Dublin 2, D02 W772
or call 01 636 5600
If you are a child or a young person under 18, or an adult who knows a child you feel has been unfairly treated, or you are not satisfied with our decision on your complaint, it is open for your to contact the Ombudsman for Children's Office. By law the Ombudsman for Children's Office can investigate complaints about any of our administrative actions or procedures as well as delays or inaction in dealing with complaints. The ombudsman for Children provides an impartial, independent and fee complaints handling services. Contact details for the Ombudsman for Children's Office are as follows:
Ombudsman for Children's Office, 52-56 Great Strand Street, Dublin, D01 F5P8
Lo Call: 1800 20 20 40
Email: ococomplaint@oco.ie
Website: www.oco.ie
Family Mediation
What can I do if I wish to make a complaint about my Mediator or the service provided by the Mediation Office?
If you wish to make a complaint about the service provided by your Mediator or the Mediation Office, you should carry out the following steps:
- First make the complaint to the Mediator. They will aim to resolve the matter as quickly as possible and, if necessary, meet with you to discuss your concerns.
- If you are still dissatisfied, you should put the complaint in writing to the Director of Family Mediation, 48/49 Brunswick Street, Georges Lane, Dublin 7. A copy of this letter will be given to the person about whom the complaint is being made for their observations.
Criminal Legal Aid
What if I have a complaint about the service provided to me by a solicitor or barrister under one of the Board's Criminal Legal Aid schemes?
The Legal Aid Board has administrative responsibility for the following schemes:
- Garda Station Legal Advice Revised Scheme
- Legal Aid - Custody Issues Scheme
- Criminal Assets Bureau Ad-hoc Legal Aid Scheme
However, the Legal Aid Board does not have any direct involvement in the assigning of legal representation in criminal matters and has no jurisdiction to deal with complaints against solicitors or barristers. If you wish to complain in relation to the services provided to you by a solicitor or barrister, then you should write to the Complaints and Resolutions Unit, Legal Services Regulatory Authority, P.O. Box 12906, Dublin 7, Tel: 01-8592911, Email: complaints@lsra.ie
Disability Act 2005
For complaints made under Section 38 of the Disability Act, 2005 the Legal Aid Board has as an Inquiry Officer to investigate such complaints. Any individual can make a complaint if the Board has not complied with Section 25, 26, 27 or 28 of the Act. Complaints should be made in writing at the address below:
Legal Aid Board 48/49 North Brunswick Street, Georges Lane, Dublin 7
Customer Care And Complaints Procedure
Our Mission is to facilitate the effective resolution of civil disputes through the delivery of efficient and accessible legal aid, advice and mediation services and to effectively manage and administer the State’s criminal legal aid schemes.
Customer Service
Our vision is to facilitate access to justice through providing for resolution of civil disputes in the most appropriate manner while keeping in mind the dignity of the person, the nature of the dispute and the impact of the dispute on the parties immediately involved and wider society and further to manage the provision of criminal legal aid in an efficient, effective and accountable manner.
We are committed to the provision of a quality service in line with our
Customer Charter. This charter is available on our website –
www.legalaidboard.ie – or you can ask for a copy from our head office or any law centre.
What can I do if I am not satisfied with the service
provided by the Board?
Dissatisfaction with an administrative decision. It is possible that you will not be granted legal aid and/or advice:
- because your disposable income or capital assets is above the limit set down by law;
- because the law relating to civil legal aid sets down a number of
categories of case that we cannot deal with and your case falls within one of these categories; - because your case does not satisfy our merits test. We will consider the merits of your case before we can grant legal aid. This test will be explained by your solicitor before they apply for legal aid on your behalf.
The merits criteria and financial means test are further explained on our website and are available from any law centre and/or our head office. Our staff will be happy to discuss these with you at the time of your application. However, if you are dissatisfied with the decision on your application for legal services you may seek the following:-.
A review of the Decision: If you feel some information that you had
was not considered by the original decision maker then you can
request a review of the decision, within a period of one month, and ask that that this further information be considered. You must submit
further information when asking for a review.
An appeal to the Appeals Committee of the Board: You can appeal a decision to the Appeals Committee within one month of the date you are told about the decision. You do not need to first seek a review in order to appeal. You will be informed in writing of the outcome of your review/appeal.
Dissatisfaction with the service provided.
How can I go about making a complaint about the service that I am getting?
You have a right to complain if the service you receive from us does not meet the standards set out in the Customer Service Standards in our Customer Charter. If we get something wrong, we will apologise and, where possible, we will try to put things right. We also aim to learn from our mistakes and use the information we gain to improve our service.
If you believe the service you are receiving does not meet our Customer Charter/ Customer Service Standards, you have the right to complain. We believe it is best to deal with problems as soon as possible and in the easiest and most direct way. If you have a complaint in relation to Law Centre or member of staff, please raise it with the person you are dealing with. He or she will try to resolve it for you there and then. However, they may need time to deal with it. Alternatively, you can make a complaint by completing a complaint form and returning it to:
Civil Operations, Legal Aid Board, 48-49
North Brunswick Street, George’s Lane, Smithfield, Dublin, D07 PE0C
or by email to complaints@legalaidboard.ie.
The Complaints Officer will acknowledge receipt of your complaint form and decide the appropriate person to deal with your complaint. You will be notified who is handling your complaint.
If you have a complaint in relation to a private practitioner on our panel, you can make the complaint in writing to:
Legal Services, Legal Aid Board, Quay
Street, Cahirciveen, Co. Kerry, V23 RD36
or by email at ppcomplaints@legalaidboard.ie
The person who will investigate your complaint depends on who the complaint relates to.
- If the complaint is in relation to a law centre staff member (but not the
Managing Solicitor of the law centre) – the Managing Solicitor of that
law centre will investigate. - If the complaint is in relation the Managing Solicitor – the Regional
Manager who has responsibility for the law centre will investigate. - If the complaint is in relation to a private solicitor providing services on our behalf the matter will be investigated by Decision Making & External Services, in Cahirciveen, Co. Kerry. The person who investigates the complaint will communicate his/her decision
to you.
What should you include in your complaint?
- Remember to state your name, address, telephone number (and email, if applicable);
- Briefly describe what your complaint is about stating relevant dates and times, if applicable;
- List your specific concerns starting with the most important concern.
- Be clear about what you are hoping to achieve (for example an
apology, explanation etc.); - State your preferred method of communication.
Is there a time limit for making a complaint?
For complaints to be considered by the Board, under its Complaints
Procedure, the complaint must be made within a reasonable period of time. Complaints will not be considered by the Board unless the Board is satisfied that the complaint is made within a period of one year from the date of event complained of or within a period of one year from the date that your file is closed, whichever is the later. In the event that you did not become aware of the event/action, that forms the subject matter of your complaint, at the time it occurred then the period shall be one year from the date that you became aware, or ought reasonably to have become aware, of the matter complained
of.
Dealing with your complaint
Our procedures for dealing with your complaint:
We will formally acknowledge your complaint within 5 working days and let you know how we intend to deal with it. We will ask you to tell us know how you would like us to communicate with you and establish whether you have any particular requirements for example, if you have language difficulties. The standard operating procedure in matters of this nature is that all communication should be in writing (letter or email), so as to ensure there is a clear record of the communication. We will deal with your complaint in an open and honest way.
Investigation
A Complaints Officer will acknowledge receipt of your complaint, we will ask you to complete a complaint form if not completed already, to aid us to understand your complaint. We will then tell you who has been asked to investigate your complaint.
We will set out for you our understanding of your complaint and ask you to confirm that we have got it right. We will also ask you to tell us what outcome you are hoping for. The person looking at your complaint will need to see the files we hold relevant to your complaint. If you don’t want this to happen it is important that you tell us.
If there is a simple solution to your problem, we may ask you if you are happy to accept this.
We aim to resolve concerns as quickly as possible and expect to deal with the vast majority within 30 working days. If your complaint is more complex we will
- Let you now within this time why we think it may take longer to
investigate - Tell you how long we expect it to take
- Give you regular updates every 20 days on any progress made
The person who is investigating your concerns will aim first to establish the facts. The extent of this investigation will depend on how complex and how serious the issues you have raised are. In complex cases, we will draw up an investigation plan. When investigating your complaint, we will look at relevant evidence. This could include files, notes of conversations, letters, emails or whatever may be relevant to your complaint. If necessary, we will talk to the staff or others involved and look at our policies and any guidance. All participants in the complaints process will be treated fairly.
IMPORTANT: Our procedure for the investigation of complaints incorporates fair procedures for all involved. In order for a full investigation into your complaint to take place, you should be aware that details of your complaint will be made available to the solicitor/barrister/staff member about whom the complaint relates, for their comments on the matter. Similarly, you will be provided with a copy of the comments/observations made by the solicitor/barrister/staff member and you can make observations of your own. The decision maker will make a decision when he/she feels he/she is in receipt of all relevant information and you and the solicitor/barrister/staff member will be notified of that decision.Making a complaint will not negatively impact on the legal aid service
that you are receiving.
Outcomes of Complaints
Apology: If a complaint is found to have merit then we will apologise, and where possible, we will try and put things right. We will also aim to learn from our mistakes and use the information we gain to improve our service.
Remedy: Where the person investigating your complaint, or the Review Officer on review, recommends that we offer to take corrective steps to address any matter, then decisions regarding the nature and extent of any proposed remedial action will be made by either the person investigating the complaint or the Review Officer, as appropriate.
Internal Review of your complaint
If you are not satisfied with how your complaint was handled you are entitled to ask that the handling of the complaint be reviewed. You will have a period of 14 days, from the date of notification of the decision to you, to seek a review of the handling of your complaint. It will be then be reviewed by the appropriate Review Officer of the Legal Aid Board. The Review Officer will decide whether the review simply requires an examination of the procedure adopted by the Decision Maker in dealing with your complaint or whether it requires a fresh examination of the entire complaint. The Review Officer shall, where the complaint relates to a law centre staff member (other than the Managing Solicitor), be the Regional Manager who has responsibility for that particular law centre. Where the complaint relates to a Managing Solicitor, the Review Officer shall be the Director of Internal Service Delivery (Civil). Where the complaint relates to a private solicitor providing services on behalf of the Board or to a barrister retained on your behalf then the Review Officer shall be the Director of Decision-Making and External Services (Civil). A Review Officer cannot deal with any new complaint issues at this stage.
The Review Officer can determine the appropriateness of the decision made in the original complaint investigation report and decide whether to:
- Uphold it in full;
- Uphold it in part;
- Not uphold it;
- Vary it;
- Make a new recommendation.
On completion of the review, the Review Officer will notify you of his/her decision. If you are not satisfied with the outcome of your complaint on review, then you may in certain circumstances be entitled to seek an external review of how we dealt with your complaint by the Ombudsman.
External Review
Are there any other remedies available to me?
The Office of the Ombudsman is entitled in certain circumstances to
investigate any action taken by us in the performance of our administrative functions. The Office of the Ombudsman is not, however, entitled to investigate the provision of legal services by law centre solicitors or by private solicitors who are providing services on our behalf. If you have a complaint about the legal services you are receiving from your solicitor, the Office of the Ombudsman has no role.
Contact details for the Office of the Ombudsman are as follows:
Office of the Ombudsman,
6 Earlsfort Terrace,
Dublin 2,
D02 W773
Telephone: +353 01 639 5600
E-mail: Ombudsman@ombudsman.gov.ie
If you are a child or young person under 18, or an adult who knows a child you feel has been unfairly treated, or you are not satisfied with our decision on your complaint, it is open for you to contact the Ombudsman for Children’s Office. By law the Ombudsman for Children’s Office can investigate complaints about any of our administrative actions or procedures as well as delays or inaction in dealing with complaints. The Ombudsman for Children
provides an impartial, independent and free complaints handling service.
Contact details for the Ombudsman for Children’s Office are as follows:
Ombudsman for Children’s Office,
52-56 Great Strand Street,
Dublin,
D01 F5P8
Telephone: +353 01 865 6800
E-mail: ococomplaint@oco.ie
Website: www.oco.ie
It is important to note that the remit of the Ombudsman and the Ombudsman for Children only relates to a complaint relating to an action or decision of the Board taken after 1st May 2013. They have no remit in relation to any action or decision of the Board taken prior to that date. Neither the Ombudsman nor the Ombudsman for Children will investigate any complaints made to their office unless you have fully utilised the Board’s internal complaints process and /or avenues of appeal prior to complaining to their offices.
Please note that pursuing a complaint through the Legal Aid Board’s
internal complaints process does not in any way restrict a person’s
statutory rights and, in particular, the right to make a complaint to the
Legal Services Regulatory Authority as provided in the Legal Services Regulation Act 2015.
Complaints to the Legal Services Regulatory Authority can be directed to:
The Complaints and Resolution Section,
Legal Services Regulatory Authority,
P.O Box 12906,
Dublin 7.
(Tel: 018592911) or email complaints@lsra.ie.
Request for change of solicitor/barrister.
What can I do if I want a change of solicitor / barrister?
You can request a change of solicitor by writing to us. The person you must write to depends on who your solicitor is:
- If your solicitor is a law centre solicitor (but not the Managing Solicitor of the law centre) – write to the Managing Solicitor.
- If your solicitor is the Managing Solicitor – complete the complaint form and return the form to Civil Operations, Legal Aid Board, 48-49 North Brunswick Street, George’s Lane, Smithfield, Dublin, D07 PE0C or by email Complaints@legalaidboard.ie
- If your solicitor is a private solicitor providing legal services on our behalf - write to Decision Making & External Services, Legal Aid Board, Quay Street, Cahirciveen, Co. Kerry, V23 RD36 or by email at ppcomplaints@legalaidboard.ie.
We will consider your request and investigate the matter. We may agree to your request for a change of solicitor if resources allow, provided we find your request to be reasonable. The details regarding your request will be made available to the person to whom it relates for their comments on the matter. If the change of solicitor / barrister results in us having to spend any extra money in providing you with legal services, we can charge you for this. We
will decide on this when we decide whether or not to grant you a change of solicitor.If we do not grant your request for a change of solicitor or barrister, then you may seek a review/appeal in relation to that decision in accordance with the procedure set out at 1 above where a person is not satisfied with an administrative decision of the Board. We will inform you of the result of any review/appeal in writing.
Family Mediation
What can I do if I wish to make a complaint about my Mediator or the service provided by the mediation office?
If you wish to make a complaint about the service provided by your mediator or the mediation office, you should carry out the following steps:
- First make the complaint to the Mediator. He/she will aim to resolve the matter as quickly as possible and, if necessary, meet with you to discuss your concerns.
- If you are still dissatisfied, you should put the complaint in writing to the Director of Family Mediation, 48/49 North Brunswick Street, George’s Lane, Smithfield, Dublin, D07PE0C. A copy of this letter will be given to the person about whom the complaint is being made for their observations.
Criminal Legal Aid
What if I have a complaint about the service provided to me by a
solicitor or barrister under one of the Board’s Criminal Legal Aid
Schemes?
The Legal Aid Board has administrative responsibility for the following
schemes:
- Garda Station Legal Advice Revised Scheme
- Legal Aid – Custody Issues Scheme
- Criminal Assets Bureau Ad-hoc Legal Aid Scheme.
However, the Legal Aid Board does not have any direct involvement in the assigning of legal representation in criminal matters and has no jurisdiction to deal with complaints against solicitors or barristers. If you wish to make a complaint in relation to the service provided to you by a solicitor then you should write to the Complaints and Resolution Section, Legal Services Regulatory Authority, P.O Box 12906, Dublin 7 (Tel: 018592911) or email complaints@lsra.ie.
Similarly, if you wish to make a complaint in relation to the service provided to you by a barrister then you should write to the Complaints and Resolution Section, Legal Services Regulatory Authority, P.O
Box 12906, Dublin 7 (Tel: 018592911) or email complaints@lsra.ie.
Contact details for the Board’s Complaints Officer:
Legal Aid Board,
48/49 North Brunswick Street,
George’s Lane,
Smithfield,
Dublin,
D07PE0C
Tel: (01) 6469600
Email: complaints@legalaidboard.ie
Email: ppcomplaints@legalaidboard.ie
Website: www.legalaidboard.ie
Contact Details for the Board’s Head Office:
Legal Aid Board,
Quay Street,
Cahirciveen,
Co. Kerry,
V23 RD36
Tel: (066) 947 1000
LoCall: 0818 615 2000
Email: info@legalaidboard.ie
Website: www.legalaidboard.ie