Palliative care – complaints about legal, financial and funeral services

When you look after the financial and legal affairs of someone with a life-limiting illness, you may sometimes need to make a complaint when a person or organization does not meet agreed expectations. Most service providers have a complaints process you can follow. One of the harder parts of managing a loved one’s legal and financial affairs is knowing when to speak up about the services being provided.

It is okay to speak up if you think something is wrong with the service. Writing down your concerns helps. Keep notes of dates, times and the people involved.

Having that information on hand makes it easier when you need to make a complaint. It is best to make your complaint as soon as possible, either in person or in writing. The longer you wait, the harder it can be to establish the facts and resolve the issue.

Deciding to speak up#

Making a complaint usually works best as a series of steps, starting with the people closest to the problem and escalating only if you need to.

Step 1: Speak directly with the person involved#

As a first step, speak with the person involved. It might be a misunderstanding, or something a simple apology can resolve. Service providers often welcome feedback so they can improve.

Step 2: Speak with the organization#

Sometimes a complaint points to a bigger problem the organization needs to address. Many professional service providers have a process for hearing and dealing with complaints internally.

The provider may be able to offer an immediate solution, or will try to address the issue through its complaints process. They should keep you updated on their progress.

Step 3: Take it to a regulatory body or authority#

If you are unhappy with the response from the professional and the organization they represent, you can make a formal complaint to the relevant regulatory body or authority. Many professions and consumer sectors have an independent body with a formal process for handling unresolved concerns.

Below are some of the common areas where you might need to escalate a complaint, and the general path to follow.

Consumer and general services#

Consumer protection or fair trading bodies often provide step-by-step guides and advice on resolving problems and making a complaint, including how to write a complaint letter. They can be a useful starting point when you are not sure where else to turn.

Legal services#

If you have an unresolved issue with a legal service, for example about costs, or where you believe financial losses occurred because of a lawyer’s actions, you can usually contact an independent legal services complaints body to try to resolve the dispute.

As a first step, it is wise to speak with that body’s staff before putting your complaint in writing. You are generally expected to make a reasonable attempt to resolve the issue with the legal service first. The complaints body will assess each complaint on its merits and decide how best to handle it, and can explain its complaints process in detail.

Funeral providers#

Funeral providers are commonly regulated, and may belong to a professional association with a code of conduct. Before you enter into a contract, a funeral provider should give you an itemized statement of costs, service fees and disbursements, along with their complaint-handling procedure. Members of a professional association typically have an ethical obligation to care for the person who has died with respect and dignity.

If you need to make a complaint about a funeral provider, it should be promptly acknowledged, in writing or by telephone. Give the provider a reasonable amount of time to investigate and respond. If you are not satisfied with the response, you can refer the complaint to the relevant consumer protection body or the provider’s professional association, both of which usually have a formal complaints process.

Financial services#

Many financial services have an independent ombudsman or dispute resolution scheme for disputes between consumers and providers. Many complaints can be resolved quickly once you contact the provider directly.

Before an ombudsman can address a dispute, the financial services provider must have been given the chance to resolve it with you first. These schemes usually cover their member or registered firms, so check that the provider is covered before you lodge a complaint.

Discrimination#

Independent bodies may offer a free dispute resolution service for complaints about discrimination, harassment, victimization or vilification. Your loved one may have been discriminated against because of a personal characteristic. If you cannot resolve the complaint with the organization concerned, you can submit it to the relevant body.

Key points#

• It is okay to speak up when a service does not meet agreed expectations.
• Write down your concerns, including dates, times and the people involved, and complain as soon as possible.
• Start by speaking with the person involved, then the organization, then an independent regulatory body or ombudsman.
• Many sectors, including legal, funeral, financial and consumer services, have a formal complaints process and may require you to try resolving the issue with the provider first.