Legal Services Complaints Commissioner
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In England and Wales, the Legal Services Complaints Commissioner is a statutory office that regulates solicitors, but not barristers. A Commissioner can be appointed by, and is answerable to, the Lord Chancellor and Secretary of State for Justice.[1]
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[edit] History
When the Access to Justice Act 1999 came into force, government minister Keith Vaz stated to the House of Commons:[2]
... we do not propose to appoint a Commissioner, ... unless and until a professional body is clearly failing to make substantial progress in improving its complaints record.
In September 2003, Lord Chancellor Lord Falconer, criticised the Law Society, the governing body of solicitors, saying:[2]
Unfortunately in spite of all efforts, complaints handling is still not efficient and effective.
As a result, the Lord Chancellor exercised his powers under the Act to appoint Zahida Manzoor as Commissioner in February 2004.[2] The Commissioner's powers as to the Law Society are to:[3]
- Require them to report on their handling of complaints about solicitors;
- Investigate the handling of complaints;
- Make recommendations;
- Set targets;
- Require the Law Society to submit a plan for the handling of complaints.
If the Law Society fails to submit a plan or adequately handle complaints, the Commissioner can impose a penalty of up to £1 million, or 1% of the Society's annual income if that is less.[3]
In 2005, the Law Society divided its functions among the Society, the Solicitors Regulation Authority and the Legal Complaints Service but by May 2006, the Society's efforts to remedy its own defficiencies were still giving concern to the Commissioner.[4] As a result, a penalty of £220,000 was levied.[5] The Commissioner subsequently recognised that progress was being made[5] and in April 2007, advised the Society that their Complaints Handling Plan adequately addressed the concerns.[6]
[edit] Reform
When the Legal Services Act 2007 fully comes into force, the Commissioner will be abolished and replaced with an Office for Legal Complaints which will supervise the complaints handling of solicitors, barristers and other legal professionals.[7]
[edit] References
- ^ Access to Justice Act 1999, ss.51-52/ Sch.3
- ^ a b c Legal Services Complaints Commissioner (2005) p.5
- ^ a b S.52(2)
- ^ Legal Services Complaints Commissioner (2006) p.6
- ^ a b Legal Services Complaints Commissioner (2007) p.7
- ^ Text from letter dated 16 April 2007 from the Commissioner to the Law Society (2007-2008 Plan). Legal Services Complaints Commissioner (2007). Retrieved on 2008-03-07.
- ^ Legal Services Act 2007, ss.114-159/ Sch.15
[edit] Bibliography
- Legal Services Complaints Commissioner (2005). Annual Report 2004-2005. Law in Order: your right to expect better. London: The Stationery Office. Retrieved on 2008-03-07. “"HC 166"”
- Legal Services Complaints Commissioner (2006). Annual Report 2005-2006. Actions not words: consumers matter. London: The Stationery Office. Retrieved on 2008-03-07. “"HC 1225"”
- Legal Services Complaints Commissioner (2007). Annual Report 2006-2007. Cycle of change. London: The Stationery Office. Retrieved on 2008-03-07. “"HC 676"”
[edit] External link
- Office of the Legal Services Complaints Commissioner (2007). Retrieved on 2008-03-07.
