| Complaints Procedure | |
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LLOYD'S MEMBERS AGENCY SERVICES LIMITED COMPLAINTS PROCEDURE
DEFINITION OF A COMPLAINT A Complaint is defined as a written expression of dissatisfaction from a Name for whom this agency acts which calls into question or criticises the level of service, quality of advice, or competence of: a) The agency, or b) Any Director, member of staff or advisor of the agency. Any written communication that calls into question the integrity of the agency or that of any director, member of staff or advisor shall be deemed to be a complaint. All items of Chairman's post, or post copied down from the Chief Executive or Director, Finance, Risk Management & Operations (FRMO), should be copied on the day of receipt to, and be examined by, the Managing Director and Compliance Officer, LMAS, to determine if the letter is one of complaint. Lloyd's policy matters and disagreements about legal interpretation will normally fall outside the definition. PROCEDURE Every complaint is to be copied on the day of receipt by the addressee to the Compliance Officer, the Managing Director and, as soon as appropriate, to the person criticised. The Managing Director and the Compliance Officer will decide whether the matter should be resolved at executive level, or whether it is of a sufficiently serious nature to warrant independent investigation and reply under the procedure set out below. In the event of a difference of opinion between the Managing Director and the Compliance Officer, the procedure set out below will apply. Staff should be reminded at weekly team meetings to submit any complaints received that week. Where a complaint is made orally, staff should encourage the complainant to write to the Compliance Officer, or Managing Director of LMAS setting out all relevant details. If the complainant refuses to do this, the conversation must be reported in writing to the Compliance Officer and processed as set out below. a) All Complaints other than those against the Managing Director or the Chairman will be examined by the Compliance Officer. The Compliance Officer will make written reply to the complainant, or at his discretion, will ask the Chairman to do so if the situation is felt to warrant it. b) In the case of a Complaint against the Managing Director, this will be examined by a Director nominated by the Chairman who will report his findings in writing to the Chairman, who shall in turn make written reply to the complainant. c) In the case of a Complaint against the Chairman, this will be examined by any two non-executive Directors who will report their findings in writing to the Chairman of Lloyd’s Franchise Board who will decide the appropriate means to reply. d) Any individual who is the subject of a Complaint should be consulted by the persons required under the procedures to examine Complaints prior to any written reply being made to a complainant. e) At Board meetings, the Compliance Officer will report in writing to the Board the number of Complaints received, the nature of such Complaints, and the manner of resolution. f) The Chairman, Managing Director and Compliance Officer will meet as necessary to review the ongoing complaints. g) Copies of all correspondence in relation to any Complaint shall be maintained by the Compliance Officer on a file for the purpose, together with a register recording date of receipt and date of written response. The nature of each complaint will be recorded in line with the complaints categories schedule attached. Regular statistics will be provided to the Managing Director. h) All complaints should receive an acknowledgement within 3 working days and at least an initial substantive response within 10 working days. If the complaint cannot be resolved within 10 days a letter should be sent to the Name advising of this and the reasons why. The letter should set out a timescale by when it is hoped that the complaint may be resolved. If this is likely to be longer than 4 weeks, updates should be sent to the Name. The response to the member should also note that he/she has the right to refer their complaint to the Lloyd's Ombudsman and you should provide an attachment with details of the Lloyd's Members Ombudsman Scheme, example attached. Please note that, in each case, the Compliance Officer should be provided with copies of all correspondence at the earliest possible opportunity. This Complaints procedure supersedes that which was approved by the board at its meeting on 31 May 2001 which, in turn, replaced that which was approved by the board at its meetings on 28 September 2000 and 24 April 1997. Approved by the Board of Lloyd's Members Agency Services Limited at its meeting held on 2 April 2007.
THE LLOYD’S MEMBERS OMBUDSMAN SCHEME Lloyd's Members' Ombudsman ("the Ombudsman") considers and, where appropriate, investigates certain types of complaint made against the Society of Lloyd's ("the Society") by members of the Society. Unless he considers it inappropriate to do so, the Ombudsman will look into any complaint made by a current member or any person who ceased to be an individual member or a "quasi-individual member" 2 after 30 November 2001 which contains an allegation that the member has suffered injustice in consequence of maladministration in connection with any action taken by or on behalf of the Society. Generally speaking, the Ombudsman will not investigate a complaint- (a) which has been previously referred to the Ombudsman, unless the Ombudsman is satisfied that new evidence is now available which was not previously available to him or her; (b) where the action complained of occurred more than two years before the member made his or her complaint, unless the Ombudsman thinks there is good reason to do so; (c) where any party to the complaint has instituted proceedings in any court of competent jurisdiction or has made a reference to arbitration in relation to the complaint unless the proceedings have been discontinued or the reference to arbitration was withdrawn prior to the final judgment award; (d) where the member has a right of appeal to Lloyd's Appeal Tribunal or in respect of a matter that has been the subject of a decision of Lloyd's Appeal Tribunal; (e) which relates to the institution or conduct of Lloyd's disciplinary proceedings; (f) which relates to any action taken by or behalf of Lloyd's Appeal Tribunal, a Lloyd's disciplinary committee, a Lloyd's Agent or certain subsidiaries of the Society and their officers, employees or agents; or (g) where the Ombudsman considers that the complaint should be determined by a court of competent jurisdiction or by arbitration. Full details of the Ombudsman's powers to investigate a complaint are set out in the Members' Ombudsman Byelaw, a copy of which may be obtained from the Ombudsman's office on +44 (0)20 7327 5936. Should you wish to make a complaint, the Ombudsman considers written representations but does not hold oral hearings. Please submit full written details of your complaint, along with any supporting information, to the following address:
The Lloyd's Members' Ombudsman Should you have any questions concerning the Lloyd's Members' Ombudsman, please call the assistant to the Ombudsman on the number given above. |
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