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Status: You are viewing the version of the handbook as on 2005-06-30.

LLD 7.2 Complaints handling arrangements

LLD 7.2.1R

The Society must establish and maintain appropriate and effective arrangements for handling any complaint from a member or a former member about:

  1. (1)

    regulated activities carried on by the Society;

  2. (2)

    the Society's regulatory functions carried on by the Society, the Council or those to whom the Council delegates authority to carry out such functions;

  3. (3)

    advice given by an underwriting agent to a person to become, continue or cease to be, a member of a particular syndicate; and

  4. (4)

    the management by a managing agent of the underwriting capacity of a syndicate on which the complainant participates or has participated.

LLD 7.2.2G

In establishing the arrangements referred to in LLD 7.2.1 R the Society should have regard to:

  1. (1)

    the likely number of complaints it will receive; and

  2. (2)

    the nature and complexity of the complaints it is likely to receive and investigate.

LLD 7.2.3G

The arrangements referred to in LLD 7.2.1 R should have the following features.

  1. (1)

    They should allow for complaints to be made by any reasonable means.

  2. (2)

    The complaints handling policy and arrangements should be published and be made available to members, former members and underwriting agents.

  3. (3)

    Copies of the documents referred to in (2) should be sent to a complainant as soon as a complaint is received.

  4. (4)

    The Society should ensure that its employees and those of underwriting agents are aware of the complaints handling policy and arrangements, and should endeavour to ensure that they act in accordance with them.

  5. (5)

    All complaints should be investigated promptly and wherever possible provision should be made for review of that investigation by someone who was not involved in the matter complained of.

  6. (6)

    Appropriate management controls should be put in place to ensure that complaints are handled fairly, impartially and consistently and that recurring or systemic problems can be identified and remedied.

  7. (7)

    Complaints should be resolved speedily at the earliest stage possible.

  8. (8)

    If a complaint cannot be resolved speedily, a letter of acknowledgement should be sent promptly, indicating when the complainant can expect a substantive response.

  9. (9)

    All responses to complaints should adequately address the subject matter of the complaint.

LLD 7.2.4G

A response to a complaint should be sent within four weeks of its receipt. This should:

  1. (1)

    accept the complaint and where appropriate offer redress (financial or otherwise); or

  2. (2)

    reject the complaint and give reasons for doing so; or

  3. (3)

    explain that it has not yet been possible to resolve the complaint and that more time is needed to do so, giving reasons for the delay and stating when a further response will be made.

LLD 7.2.5G

If a complaint has not been resolved within eight weeks from the date on which the Society received it, the complainant should be told that more time is needed and reasons for the delay should be given, with a date when the complainant will get a further response.

LLD 7.2.6G

At the end of the eight week period referred to in LLD 7.2.5 G, or at the time it sends a substantive response (if this is earlier), the Society should also send the complainant information on:

  1. (1)

    any right to refer the complaint:

    1. (a)

      to the Lloyd's Members' Ombudsman if the complaint relates to the matters identified in LLD 7.2.1 R (1) or LLD 7.2.1 R (2); or

    2. (b)

      to the Lloyd's Arbitration Scheme if the complaint relates to the matters identified in LLD 7.2.1 R (3) or LLD 7.2.1 R (4); or

    3. (c)

      to any other independent dispute resolution scheme that may, pursuant to LLD 7.5.1 R, replace either of the schemes referred to in (a) and (b); and

  2. (2)

    arrangements and procedures for referring the complaint.

LLD 7.2.7G

Any redress accepted by a complainant should be provided promptly.

LLD 7.2.8G

Where financial redress is appropriate, the aim should be to return the complainant to the position he would have been in had the acts or omissions giving rise to the complaint not occurred.

LLD 7.2.9G

The redress referred to in LLD 7.2.8 G should include a reasonable rate of interest on sums to which the complainant would have been entitled but for the acts or omissions in question.

LLD 7.2.10G

All correspondence and literature about the Society's handling of complaints should be in plain language.