Dealing with a Complaint

Dealing with a complaint as a RICS member can be stressful, but understanding the process and responding appropriately is crucial for resolving the issue and protecting your professional reputation. Here's a breakdown of the key steps involved:

Initial Steps:

Acknowledge the complaint promptly: Show the complainant you take their concerns seriously by acknowledging the complaint promptly and professionally. Request more information if needed to fully understand the issue.

Conduct a thorough investigation: Gather all relevant information and evidence related to the complaint. This might involve reviewing files, interviewing colleagues, and seeking legal advice if necessary.

Identify potential breaches: Analyse the complaint against the RICS Rules of Conduct to determine if any potential breaches or ethical lapses occurred.

Communication and Resolution:

Communicate with the complainant: Keep the complainant informed of your progress in investigating the complaint and provide updates at regular intervals. Explain your findings and any proposed resolutions in clear and concise language.

Offer a resolution: If you find merit in the complaint, offer a fair and reasonable resolution to address the complainant's concerns. This could involve apologies, financial compensation, corrective action, or a combination of these.

Document everything: Maintain detailed records of all communication, interviews, and evidence throughout the process. This documentation will be crucial if the complaint escalates.

Escalation and Support:

RICS Complaints Handling Procedure: If the complainant is not satisfied with your proposed resolution, they can formally lodge a complaint with RICS under their established Complaints Handling Procedure.

Seek RICS support: RICS offers confidential support and guidance to members facing complaints. You can contact the Legal and Professional Standards team for advice on navigating the process and upholding ethical standards.

Consider legal representation: If the complaint involves complex legal issues or potential disciplinary action, consider seeking legal representation to protect your rights and interests.

Remember:

Prioritise client needs: Throughout the process, prioritize addressing the complainant's concerns and ensuring their fair treatment.

Maintain professionalism: Be courteous, respectful, and professional in all your interactions with the complainant, even if they are upset or unreasonable.

Protect your reputation: By handling the complaint promptly, respectfully, and ethically, you can minimise the impact on your professional reputation.

RICS APC Question:

You are the APC candidate supervising a junior surveyor on a residential valuation assignment. Upon completion of the report, the client expresses dissatisfaction with the estimated market value, claiming it is significantly lower than expected. They allege you overlooked key property features and comparable properties, resulting in an inaccurate valuation.

How would you, as the RICS-qualified surveyor, handle this complaint while adhering to the RICS Rules of Conduct and ensuring fair and ethical client care?

Bonus points: Consider potential escalation of the complaint and outline your next steps in such a scenario.

RICS APC Answer:

Acknowledge and Listen:

• First and foremost, actively listen to the client's concerns without interrupting or dismissing their perspective. Acknowledge their disappointment and express your commitment to understanding their complaint.

• Gather details about their specific objections to the valuation. Ask clarifying questions to pinpoint the features they feel were overlooked, the comparable properties they believe should have been considered, and the expected value they had in mind.

Review and Explain:

• Explain the valuation methodology used and the rationale behind the chosen comparable properties. Clearly articulate the market analysis and reasoning that led to the estimated value.

• Review the report with the client, highlighting the sections that address the features they raised. If necessary, provide additional supporting evidence or data sources that substantiate your conclusions.

Explore Resolution Options:

• Work collaboratively with the client to explore potential solutions. If valid points are raised, consider revising the report to incorporate relevant information or address any misunderstandings.

• If adjustments are made, clearly document the changes and provide a revised report with explanations. Explain how the changes impact the valuation and ensure they align with ethical valuation principles.

Maintain Professionalism:

• Throughout the process, maintain a professional and courteous demeanor. Treat the client with respect and demonstrate empathy for their situation.

• Avoid defensiveness or blaming language, even if the complaint feels unfounded. Focus on open communication and a collaborative approach to find a fair resolution.

Escalation and Next Steps:

• If the complaint cannot be resolved internally, inform the client about the RICS Complaints Handling Procedure (CHP) as an independent avenue for redressal. Explain the process and their right to access it.

• Document the entire interaction, including the client's concerns, your attempts at resolution, and any agreed-upon actions or escalations. Maintain a clear record for internal reference and potential RICS investigation if necessary.

By following these steps, you demonstrate adherence to the RICS Rules of Conduct, while upholding fair and ethical client care. By acknowledging the complaint, engaging in open communication, and exploring collaborative solutions, you can potentially turn a dissatisfied client into a satisfied one, even if the final valuation does not meet their initial expectations.

Bonus Points:

• Mention alternative dispute resolution (ADR) mechanisms like mediation or adjudication offered by RICS as potential avenues for resolving more complex or entrenched client disputes.

• Highlight the importance of maintaining professional indemnity insurance to protect against potential claims arising from complaints.

Remember, the key is to prioritise client care, communication, and ethical conduct while navigating through any complaint situation.