HMCTS failed to explain why it could not respond to a complaint

Summary 759 |

Mr P complained that HM Courts & Tribunals Service (HMCTS) unnecessarily delayed providing his brother with a transcript of a previous court case, and refused to address Mr P's complaint about this.


What happened

Mr P and his brother Mr J were left a house by their mother. Mr P wanted to sell the house but when Mr J refused to move out of the property, the executor's solicitor took him to court. Mr J made an application for permission to stay in the house and was ordered to get a copy of a transcript of a previous court hearing so that the judge could make a decision.  Mr J asked HMCTS for the transcript in autumn 2012 but he did not receive it until spring 2014.

Mr P received regular updates on the case from the executor's solicitor. However, he complained to HMCTS about its delay in providing Mr J with a copy of the transcript, as this affected the sale of the house.  Mr P went through the complaints process correctly, butHMCTS refused to accept his complaint.

What we found

We partly upheld Mr P's complaint because although HMCTS was right to refuse to respond to Mr P's complaint because he was not a party to the proceedings, it failed to explain this to him.

Putting it right

HMCTS apologised to Mr P and paid him £50 compensation.

Health or Parliamentary
Parliamentary
Organisations we investigated

HM Courts and Tribunals Service (HMCTS)

Location

UK

Complainants' concerns ?

Replied with inaccurate or incomplete information

Result

Apology

Compensation for non-financial loss