This item was published during the term of a previous administration that ended in April 2007
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New Scottish Legal Complaints Commission
22/12/2005
An independent Scottish Legal Complaints Commission will be created to increase public confidence in the justice system by putting service users at the heart of the complaints handling process.
Under proposals outlined by Ministers today a Scottish Legal Complaints Commission, with a non-lawyer chair and a non-lawyer majority, will receive all complaints against legal practitioners which it has not been possible to resolve at source.
At present, complaints against legal practitioners are dealt with by the relevant professional bodies - the Law Society of Scotland and the Faculty of Advocates. In addition, a Scottish Legal Services Ombudsman has the power to review the way a professional body has handled a complaint, but not the decisions it reaches.
The Scottish Legal Complaints Commission will be funded by a general levy on legal practitioners and an additional levy which would be imposed on those firms attracting complaints. Making a complaint will carry no financial cost but frivolous or vexatious complaints will be sifted out and will not be the subject of a levy.
Deputy Justice Minister Hugh Henry said:
"Most people receive an excellent professional service from their lawyer. However, when things go wrong, people need to have confidence that their complaints will be handled professionally and efficiently.
"For many years, the present system has worked hard to deliver that kind of service. However, consumers now rightly look for more from the professional services they use - particularly when they have to make a complaint. They want transparency and independence. And that's why the time is now right for this culture change in our society to be extended to the public's dealings with lawyers.
"It is also in the interests of lawyers themselves to deal with complaints effectively, to learn from mistakes and, where necessary, to improve their service. Lapses from high standards, however rare, can have severe consequences for their clients. That is why an accountable complaints handling system is essential.
"It is always preferable if complaints can be resolved at the point of service. I hope the legal profession will continue to work to that goal, and the new complaints commission will be there to help them - by supporting and disseminating best practice. Boosting client satisfaction will also lower the cost of the new system by avoiding payment of a proposed new levy.
"We need a justice system which delivers legal services and safeguards for the way we all live today. By working together I am confident that we can provide the best service for those who use lawyers, develop best practice in the legal profession, and deliver best value for the public purse."
Director of the Scottish Consumer Council, Martyn Evans, said:
"The Scottish Consumer Council gives a big welcome to the proposals to establish an independent Scottish Legal Complaints Commission. A consumer-focused complaints handling body should make a real difference to public confidence and to standards of customer service from solicitors and advocates."
The proposed arrangements build on the outcome of a consultation exercise, Reforming Complaints handling, Building Consumer Confidence, which ran between May 11 and August 3, 2005. The majority of responses showed strong support (85 per cent) for an independent complaints handling body.
The Scottish Legal Complaints Commission will be supported by a team of Mediation and Investigations Officers.
The main function of the Scottish Legal Complaints Commission will be to handle consumer or service complaints. However, professional bodies will retain responsibility for professional discipline and will handle complaints about the conduct of legal practitioners. The Commission will take over the role of the Scottish Legal Services Ombudsman in overseeing the way professional bodies handle conduct complaints and will have the power to enforce its recommendations.
Appointment of chair and members will be part-time and for a fixed period of not longer than five years. The chair and members will be eligible for reappointment but could not hold office for a continuous period longer that 10 years.
It is planned that the relevant provisions will be included in the Legal Profession and Legal Assistance Bill to be introduced to the Scottish Parliament in February 2006.
The appointment of Scottish Legal Services Ombudsman is made under Section 34 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. Her function is to consider the handling by professional bodies of complaints against their members concerning the provision of legal services in Scotland.