Call for Ombudsman to be replaced

SCOLAG seeks stronger review process in reforms to complaints handling system

News, 8 August 2005

The Scottish Legal Action Group (SCOLAG) has called for for a more high-powered regulator to replace the Scottish Legal Services Ombudsman.

The registered charity's call is part of its response to the Scottish Executive's consultation on reforming the complaints handling system. SCOLAG promotes equal access to justice in Scotland and its board is made up of advocates and practising and non-practising solicitors.

The Group believes that the position of Ombudsman should be reformed and given stronger powers as a fully independent regulator, "Of-Law" - including powers to require disclosure of files, to set time limits for professional bodies and to hear complaints from members of the profession about the handling of a complaint. This develops one of the Excutive's suggestions, but without its proposed single gateway through which all complaints against solicitors or advocates would first come in.

SCOLAG believes that the gateway function would make the process too bureaucratic.

SCOLAG's submission states: "We do not believe that the present Legal Services Ombudsperson has the confidence of the profession. The ability of a person who has a regulatory role over any profession to have some understanding... seems to us to be particularly relevant when considering - within the context of a a complaints handling system - removing the distinction between inadequate professional service, professional misconduct and professional negligence."

The Group would retain the distinction between professional misconduct and inadequate professional service, but believes that all conduct capable of being characterised by the Law Society of Scotland as professional misconduct should be referred to the Scottish Solicitors' Discipline Tribunal.