The court has a duty to ensure cases are dealt with justly, expeditiously and fairly. The court must ensure it is allotting an appropriate share of the court’s resources to your case.
At Neves we are acting in several cases where the court procedure has not been efficient and has fallen below a reasonable standard. Errors made by the administrative staff and unavailability of basic facilities at court often lead to aborted hearings causing financial loss to clients and delays in their proceedings. This then poses the question of what can be done in such circumstances.
In instances where you are not happy with the decision made by the judge, the complaints procedure cannot be utilised and you should seek legal advice about how to appeal. However, where errors are made by the administrative staff or there is a failure to provide a necessary resource such as an interpreter a complaint can be lodged with court office where the problem took place. The court should investigate the complaint and respond within 10 working days.
Alternatively, complaints can be lodged using an online service called the Resolver. The Resolver is a free online service created to help lodge complaints against the court. The online service provides a list of courts from which you select the court which provided the poor service. The Resolver lists all courts across England and Wales.
Thereon, the category of ‘problem’ must be selected from which provides a broad list including problems such as services, delays, court procedure, venues, facilities and so forth.
The next step requires selection of the ‘issue.’ The list of issues varies from ‘complaint about interpreter’, ‘no reply to my letter’, ‘other (none of the above).’
After doing so, you’re informed of your full rights in respect to, for example, an interpreter. An option to start your case is then given where the complaint can be reviewed and submitted. As above, the complaint should receive a response within 10 working days.
In the event that a response is not received or you are not happy with the response or the way it was handled, you can ask for the complaint to be escalated to a senior officer at the court office who will carry out a review.
If you remain dissatisfied and you are not happy with the review, then an appeal can be lodged with the Customer Investigation Team. The senior officer has a duty to inform you how the Customer Investigation Team can be contacted. The Customer Investigation Team ordinarily responds within 15 working days.
If you are not happy with the appeal, you can ask your MP to refer your complaint to the Parliamentary and Health Service Ombudsman. You can find your MP details here. The ombudsman may be able to investigate your complaint.
If you have any questions about any issue involving court procedures, please do get in touch with a member of Neves Family or Litigation departments.