The claims management complaint handling requirements are set by the Claims Management Regulator at the Ministry of Justice (MOJ). Firms are required to operate a complaint handling process, including ensuring that complaints are acknowledged within 5 working days and that a full response is issued within 4 weeks of the complaint date. Where it is not possible to issue a full response within 4 weeks the firm may issue a holding response to the customer at then must issue a final response within 8 weeks of the complaint date.
Once the firm has completed its internal complaint handling process by issuing a final response, or if a final response is not issued by the firm within 8 weeks of the complaint date, the complainant may choose to take the complaint to the Legal Ombudsman. If this occurs the firm must assist the Ombudsman and comply with any decision made by it.
As part of the firm’s systems and controls it must undertake root cause analysis to ascertain what remedial action should be undertaken in order to prevent future complaints of the same nature occurring.
Failure to undertake complaint handling in the appropriate way, or failing to assist the Ombudsman, can lead to the MOJ taking enforcement action against the firm.
The MOJ has produced guidance on complaint handling and you can find out more about the requirements by reading our free guide below.
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