Complaints Procedure
At TAHMINA & Co Solicitors we aim to offer all our clients an effective service and we are confident that we will do so in your case. However, if a problem does arise which cannot be resolved informally then please contact Tahmina Majid in writing. She is the Director of the Practice and solicitor responsible for handling our complaints procedure and will reply to you within seven days.
Her address details are: TAHMINA & Co Solicitors, 8A London Road, Grays RM17 5XY.
Email: tahminaandco@essexcriminaldefence.co.uk
Upon receiving any complaint, we will write to you acknowledging the same within 7 working days. Should we require any further information from you, or clarification on any of the issues raised, we will request this in our initial correspondence in order that we may deal with your complaint as quickly as possible.
Our initial correspondence will set out the nature of your complaint and confirm the relevant timescale which will be utilised in order for us to investigate; we aim to respond to all complaints within 28 days of receipt.
If, for any reason, we are not able to respond fully within the anticipated 28-day period, we will write to you, confirming that the matter is still being investigated and providing you with an estimated timescale for completing our investigation. Once you have received our final response to your complaint, if you are not satisfied with our findings or suggestions for resolving the matter, you should contact us again to explain the reasons why, which we shall review, and, if appropriate, invite you to a meeting to discuss the matter in person.
Following any meeting, we will then write to you, within 14 days, confirming our final position on your complaint, together with a full explanation for our reasoning.
If, after the following the process outlined above you are not satisfied with our response to your complaint within eight weeks from making it you can contact the Legal Ombudsman on the internet at www.legalombudsman.org.uk or email enquiries@legalombudsman.org.uk or in writing to PO Box 6806, Wolverhampton WV1 9WJ. They may also be contacted via telephone on: 0300 555 0333.
There are limits on complaining to the Legal Ombudsman as follows:
You must take your complaint to the Legal Ombudsman
· Within six months of receiving a final response to your complaint; and
· No more than six years from the date of act/omission; or
· No more than three years from when you should reasonably have known there was cause for complaint.
You may wish to complain to the Solicitors Regulation Authority. The Solicitors Regulation Authority could help you if you think a solicitor might be dishonest or you have concerns about their behaviour.
When reporting, please
- set out your concerns clearly,
- identify individuals you consider responsible,
- attach any evidence you have in support.
The link is as follow: https://www.sra.org.uk/consumers/problems/report-solicitor/
For guidance on the complaints process at the Solicitors Regulation Authority, you can call there contact centre on 0370 606 2555, or you could write to them at:
Solicitors Regulation Authority
The Cube
199 Wharfside Street
Birmingham
B1 1RN
You can also email them at www.sra.org.uk/contactus
If you would like a copy of our complaints procedure in place which details how we handle complainants, we will forward this on to you.
We hope of course that you will not feel the need to implement these procedures but it is only right that you should know how to deal with any areas of difficulty should they arise.
Privacy Policy
Our practice understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it.
1. What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
2. What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
3. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your
personal data. This Privacy Policy should tell you everything you
need to know, but you can always contact us to find out more or to
ask any questions using the details in Part 12 of this website privacy
policy which are also set out above.
b) The right to access the personal data we hold about you. Part
11 of this website privacy policy will tell you how to do this.
c) The right to have your personal data rectified if any of your personal
data held by us is inaccurate or incomplete. Please contact us using
the details in Part 12 of this website privacy policy to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or
otherwise dispose of any of your personal data that we hold. Please
contact us using the details in Part 12 of this website privacy policy to
find out more.
e) The right to restrict (i.e. prevent) the processing of your personal
data.
f) The right to object to us using your personal data for a particular
purpose or purposes.
g) The right to withdraw consent. This means that, if we are relying on
your consent as the legal basis for using your personal data, you are
free to withdraw that consent at any time.
h) The right to data portability. This means that, if you have provided
personal data to us directly, we are using it with your consent or for
the performance of a contract, and that data is processed using
automated means, you can ask us for a copy of that personal data to
re-use with another service or business in many cases.
i) Rights relating to automated decision-making and profiling. We do
not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 12 of this website privacy policy.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. However, We would welcome the opportunity to resolve your concerns ourselves, so please contact us first, using the details in Part 12 of this website privacy policy.
4. What Data Do You Collect and How?
Depending upon your use of Our Site, we may collect and hold some or all of the personal and non-personal data set out below:
· Identity Information including but not limited to the following;
name, title, date of birth, gender etc.
· Contact information including but not limited to the following;
address, email address, telephone number.
· Business information including but not limited to the following;
business name, job title, profession.
· Payment information including but not limited to the following;
card details, bank account numbers.
· Technical information including but not limited to the following;
IP address, browser type and version and your operating system.
· Details of your legal matter, including but not limited to the
following; the history, circumstances, facts, and the persons
involved in and related to your matter to the extent that we need
this information to progress your matter acting in your best
interests as your legal representatives.
5. How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:
With your permission and/or where permitted by law, our practice may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our products and or services. You will not be sent any unlawful marketing or spam. Our practice will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 12 of this website privacy policy.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
6. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Where we are acting as your solicitors, depending on the nature of your matter, your personal data will usually be kept for a period of no longer than 6 years after your matter has concluded. The exact period for which your matter will be kept and the information on storage and retrieval will be given to you in a closing letter at the conclusion of your matter.
However, where you do not have a legal matter with us then your data may be held for no more than 2 years after your enquiry or quote has been received. In practice however, we will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. This means that your data could be deleted within mere weeks of it being collected but the exact retention period will vary depending on the nature of the data and the reasons for which it was collected and the lawful bases under which it was collected.
7. How and Where Do You Store or Transfer My Personal Data?
We will usually only store or transfer your personal data within the UK. This means that it will be fully protected under the Data Protection Legislation. Where it is necessary to store or transfer your data within the European Economic Area, your personal data will also be fully protected under the Data Protection Legislation.
Where it is necessary for us to store or transfer your data in countries who may not have data protection laws that are as strong as those in the UK and/or the EEA, we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK under the Data Protection Legislation.
The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:
· limiting access to your personal data to those employees, agents,
contractors, and other third parties with a legitimate need to
know and ensuring that they are subject to duties of
confidentiality;
· procedures for dealing with data breaches (the accidental or
unlawful destruction, loss, alteration, unauthorised disclosure of,
or access to, your personal data) including notifying you and/or
the Information Commissioner’s Office where we are legally
required to do so.
8. Do You Share My Personal Data?
Our practice will not share any of your personal data with any third parties for any purposes, subject to the following exceptions:
In some limited circumstances, our practice may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
In circumstances where we need to instruct Barristers, experts or other third parties in order to progress you case in your best interests.
In circumstances where we need to use approved outsourced providers to carry out work on your file such as cost draftsman services, Forensic scientists, Medical personnel, billing services etc., these will be found in our list of approved outsourced providers and we will have taken appropriate precautions to ensure that your personal data will be protected.
9. Can I Withhold Information?
You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
10. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 12 of this website privacy policy. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request as soon as reasonably possible and, in any case, not more than one month after receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
11. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:
Data Protection Officer: Tahmina Majid
Email address: tahminaandco@essexcriminaldefence.co.uk
Telephone number: 01375 384200
Postal address:8A London Road, Grays, Essex RM17 5XY.
12. Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.