Stage 2: Bar Complaints Committee

The Service Complaints Process

Please refer to the Detailed Guidance on the Service Complaints process and our Complaint Handling Plan.

The Bar Complaints Committee (‘the Committee’) is an independent statutory committee established under the Legal Complaints and Regulation Act (Northern Ireland) 2016 to investigate, consider and determine service complaints about barristers.

In order to make a complaint to the Committee, you must normally have first used the procedures of the Bar’s Service Complaints Resolution Committee to have your service complaint resolved, and you are strongly encouraged to take this course. The Committee does have a discretion, in exceptional circumstances, and upon application, to accept a service complaint for investigation, consideration and determination even though the Bar’s procedures have not first been used.

This Committee has a wide range of statutory powers which allow it to make a determination, after investigation, containing one or more of the following:

• a direction that the barrister make an apology,
• a direction limiting the fee charged by the barrister to you for specific services,
• a direction that the barrister pay compensation up to a specified limit of £5000 in respect of any loss, inconvenience or distress which has been caused to the you as a result of any matter, other than negligence, connected with the complaint,
• a direction that the barrister secure the rectification, at the barrister’s expense of any error, omission or other deficiency arising in connection with the matter in question,
• a direction requiring the barrister to take steps for the completion of the matter in question within a reasonable time.

A complainant who chooses to bring a complaint before the Committee remains entitled to separately pursue civil remedies through the courts to seek damages for matters such as professional negligence.

Who can submit a complaint to the Bar Complaints Committee:

A complaint of this type can only be brought by the individual or person who received the services to which the complaint relates. They may have received these services either directly from the barrister in question or via a specific solicitor who procured the services on their behalf.

In order to make this kind of complaint you (the complainant) must:

• be an individual who must be identified and provided a full name, address, contact details and a signature; or
• be a person (other than an individual) or body of a description prescribed by order made by the Department of Finance & Personnel in accordance with a recommendation made under Section 16 of the Legal Complaints and Regulation Act (Northern Ireland) 2016.
• have made your complaint to the Service Complaints Resolution Committee and cooperated with that procedure until that Committee reached its conclusion.

When your complaint must be made:

All complaints must normally be received within six months from the date of the alleged act or omission complained of or (if later) within four weeks from the date of notification by the Service Resolution Complaints Committee (the ‘SCRC’) that it has reached a conclusion and notified you of your right to make your complaint to the Committee.

If a complaint is made after this period the Committee has a discretion to consider the complaint if it is satisfied, from the information contained in the complaint form that:

• the complaint had been received by the Committee within three years from the date of the alleged act or omission complained of; and
• it was not reasonably practicable for the complaint to be made within the prescribed period and that the time could be extended without prejudice to the barrister; or
• that it was just and equitable in the circumstances to do so, having regard to the gravity of the complaint.

Relevant circumstances could include, for example, a medical condition or serious ill-health, or an exceptionally serious complaint. There is no guarantee that an out of time complaint will be accepted for investigation. Accordingly, you are strongly advised, if at all possible, to bring your complaint to the Committee within the normal time limit.

How You Must submit Your Complaint

Your complaint must be submitted in the relevant form and, amongst the information that must be provided, the form must clearly identify:

• the barrister who the complaint is against,
• the solicitor who engaged the services of the barrister,
• the service that the barrister provided to you.

When submitting your form you must also provide a full name, address, contact details and a signature.

You will receive confirmation of receipt of your complaints form.

The Committee’s Complaints Process

An eligible complaint made in a completed proforma will be considered by the Committee as soon as reasonably practicable. The Committee may dismiss all or part of the complaint if it considers it to be one or more of the following:

• without merit,
• vexatious or frivolous,
• better dealt with by arbitration or by legal proceedings,
• there has been undue delay in the making of the complaint or part of the complaint, or in the provision of evidence to support it,
• the Committee is satisfied that the matter of the complaint has previously been dealt with by the Committee or by legal proceedings,
• the Committee considers that there are other compelling reasons why it is inappropriate for the complaint or part of the complaint to be dealt with by the Committee.

How the Committee will Investigate a complaint

Where a complaint is accepted, a Complaints Panel will be set up to investigate, consider and determine the complaint.

If it is considered appropriate, the Committee may also refer the complaint to the Professional Conduct Committee, the Law Society (if it considers that the complaint relates to the conduct of a solicitor), or if the barrister is an employed barrister, to their employer.

A Complaints Hearing will be arranged once the Panel has investigated the evidence. Detailed information on these proceedings will be provided to you at the appropriate time.

Appeal a Decision

Lodge an Appeal

Appealing a determination of the Committee is a Court process before the High Court of Judicature in Northern Ireland and the processes required are contained within the Rules of the Court of Judicature.

When to Appeal

There are strict time-limits for appealing a decision to the High Court. Any appeal must be lodged with the Court, and a copy served on the Bar Complaints Committee, Bar Council of Northern Ireland and the Legal Services Oversight Commissioner by way of notice within 21 days of receiving our final determination.

How to Appeal a Decision

You can find the forms required to make an appeal on the Northern Ireland Courts and Tribunals Service website here: Appeals Forms |Department of Justice

Grounds for Appeal

Generally, grounds of appeal are divided into two areas:

• Error of law,
• Serious procedural irregularity.