Complaints Procedure

1. Introduction

1.1 In this document “Consultant” means the representative of TRF Wills with whom the client primarily liaises.

1.2 The primary objective of these procedures is to enable TRF Wills to deal effectively with breaches of the Society of Will Writers (SWW) Code of Practice.

1.3 Breaches include instances where the consultant has failed to maintain the high standards of professionalism, confidentiality, quality of work and ethics that are required by TRF Wills and by the SWW to ensure consumer confidence in the provision of Will writing and other associated services is maintained.

1.4 TRF Wills expects its consultants to embrace and adhere to the notion of “treating customers fairly”. A consultant who does not treat customers fairly will be in breach of the SWW Code of Practice.

1.5 In affirming compliance with the Code of Practice, each consultant of TRF Wills affirms that he/she will be bound by the TRF Wills’ disciplinary procedures in the event of a breach of Code provisions.

1.6 Complaints take time, which cost money to resolve. TRF Wills have a responsibility to be fair to the consultant being investigated as well as dealing with the complainant’s concerns.

1.7 It is true that many complaints can generally be resolved by the consultant without any need to involve TRF Wills. Once TRF Wills become involved, many hours can be spent on resolving complaints caused by a consultant and not on otherwise productive activities for the benefit of all clients.

1.8 When a complaint is first brought to the attention of TRF Wills, the consultant who is the subject of the complaint will be notified and given 5 (working) days to resolve the matter to the satisfaction of the complainant. Should the consultant fail to resolve the matter within this time, the client may then take their complaint to the Society of Will Writers (please refer to the Society’s Complaints Procedure).

1.9 Since its inception, the Society has handled complaints to the satisfaction of most of its members and the public alike. It is imperative that this standard of satisfaction is maintained, and the following procedures will ensure that objective is achieved.

1.10 The purpose of this document is to place the Society’s complaints procedure on record for the benefit of clients.

2. What is a Complaint?

2.1 The Society defines a complaint against a member as: “any expression of dissatisfaction, whether oral or written, and whether justified or not, from or on behalf of an eligible complainant about the member’s provision of, or failure to provide, Will writing and associated services”.

2.2 The bottom line is that if a customer expresses dissatisfaction verbally or in writing, then the member needs to put things right to the satisfaction of the complainant.

2.3 If the member can do this by the end of the next business day, the member, and his clients both stand to benefit.

2.4 Resolving complaints by the end of the next business day – The benefits are:

A happier client, leading to improved customer loyalty; and

A chance for the member to examine and put right weaknesses within their in-house services swiftly, potentially reducing future similar complaints; and

Reducing the need to embark on any follow up correspondence requirements under the Society complaints rules; and

Removal of the requirement to report complaints not resolved within one business day to the Society, thus reducing administration.

2.5 “Putting things right” could be as simple as:

Undertaking a simple fact check into what happened, a verbal acknowledgment of poor service provided on this occasion and an apology (and, if relevant, providing clear details of the corrective actions to be taken); and/or

Verbal feedback offering clarification when it appears that the customer may merely have misunderstood; and/or

Verbal confirmation that action has been taken to correct an error; and/or

Confirmation by the member of the step(s) taken to prevent the error from happening again.

Receiving and Monitoring the Complaint

2.6 The Society will not investigate a complaint whether made by a member of the public or any other party unless it is in writing.

2.7 On receipt of a complaint, the Society will require the member to produce evidence confirming that the member’s own complaints procedures have been fully exhausted, together with full reasons why the complaint has not been successfully resolved.

2.8 The complaint will be acknowledged, and the complainant will be advised that a copy of his complaint will be supplied to the member being the subject to the complaint with copies of any further evidence supplied by the complainant.

2.9 The Society will advise the member that a complaint has been received and invite the member’s response.

2.10 Upon receiving notice that the Society has received a complaint, which is to be investigated, the member is required to pay by return the £150 Investigation Charge and to provide a response to the complaint within a period of 14 days. The member’s response may be forwarded to the complainant.

2.11 The Investigation Charge is non-refundable, except where the Director-General in the exercise of his/her absolute discretion is satisfied that there is either no evidence of the member being at fault, or it is proved that the complaint has been made mischievously or maliciously. In which case the Investigation Charge will be refunded in full to the member. In all other cases the Investigation Charge will be held by the Society for its general purposes.

2.12 The Society may require of the member or the complainant such evidence as it considers necessary to investigate the complaint and the same shall be supplied to the Society within 14 days of request.

2.13 To investigate complaints fairly, time is of the essence. Unless any extension(s) to the time(s) laid down by these procedures is agreed in writing with the Society, should either the member or the complainant fail to adhere to the set timescales, or the member fails to pay the Investigation Charge as required, the Director General may determine the complaint as he sees fit.

2.14 All correspondence sent to a member shall be sent to his last known address as advised to the Society

3. The Handling of the Complaint

3.1 In the first instance, the complaint shall be determined by the Society’s Complaints Administrator. The Administrator is responsible for investigating the complaint thoroughly and fairly.

3.2 The Administrator must exonerate the member if the member is found not to be in breach of the Society’s Code of Practice.

3.3 If the Administrator finds that the member is in breach of the Society’s Code of Practice, the Administrator shall:

Order that the member refunds to the complainant either the whole or a part of the fee paid for the services which are the subject of the complaint; and/or

Warn the member about his/her future conduct; and/or

Order the member to undergo further training; and/or

Order a full disciplinary hearing.

3.4 The Administrator will keep the Director General fully advised of the progress of individual complaints.

3.5 Following a decision by the Administrator that there has indeed been a breach of the Society’s Code of Practice by the member, that member may appeal against the decision and such appeal shall be heard before a Society Disciplinary Hearing held for that purpose (see below).

3.6 In cases where the Administrator finds that there has been no breach of the Code of Practice by the member, the decision will be passed to the complainant who also has the right to appeal the Administrator’s decision before a Society Disciplinary Hearing.

3.7 A member may also be directed to attend a Society Disciplinary Hearing as ordered by the Director General at their discretion following the Administrator’s decision.