Faculty rapped over "complaint" refusal
15 Apr 05
Ombudsman's public notice challenges failure to accept that complaint made
The Scottish Legal Services Ombudsman has for the first time placed a public notice in a newspaper publicising a refusal by the Faculty of Advocates to comply with her recommendations.
In today's Press and Journal Mrs Linda Costelloe Baker explains that the Faculty had originally made a finding of inadequate professional service against an advocate in the case of Mr A, at a time when it had no power to award compensation. A subsequent claim by Mr A against the advocate for professional negligence went unacknowledged, due it was said to brokers having failed to pass on the claim to the advocate's insurers. A further complaint to the Faculty was also unanswered until Mr A phoned to find out what was happening and was told that papers had been misfiled. It then confirmed it would not carry out any further investigation.
The Ombudsman recommended, after Mr A referred the case, that the Faculty write to Mr A explaining what was acceptable conduct for an advocate facing a claim and copying the advocate's response to the complaint. She also proposed a modest compensation payment for the inconvenience to Mr A through not receiving the information sooner.
The Faculty did not accept that there had been a complaint of professional misconduct or inadequate professional service and therefore considered that the Ombudsman had no power to make recommendations. Mrs Costelloe Baker disagreed "because Mr A had made a specific complaint about the failure of the advocate to acknowledge a claim and the Faculty had started to investigate that complaint".
She also believes that her power applies whether or not the professional body has treated the matter as a conduct complaint. With no further action in prospect, she invoked her ultimate power, to publicise the issue.