Executive proposes independent complaints body

Scottish Legal Complaints Commission to be part of February 2006 Bill

News, 22 December 2005

Scottish Ministers today unveiled proposals for an independent complaints handling body for the legal profession.

Deputy Justice Minister Hugh Henry claims the Scottish Legal Complaints Commission will increase public confidence in the justice system.

The proposed Commission will have a non-lawyer chair and a non-lawyer majority and will receive all service complaints against legal practitioners that it has not been possible to resolve at source. Complaints relating to professional conduct will continue to be dealt with by the Law Society of Scotland or the Faculty of Advocates.

Combined levies

The 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.

The proposed arrangements build on the outcome of the consultation Reforming Complaints Handling, Building Consumer Confidence, which ran earlier this year. The majority of responses showed strong support (85%) for an independent complaints handling body.

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.

In everyone's interests - Henry

Mr 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.

"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.

The director of the Scottish Consumer Council, Martyn Evans, welcomed the proposal.

He said: "A consumer-focused complaints handling body should make a real difference to public confidence and to standards of customer service from solicitors and advocates."

Society pledges co-operation

For the Law Society of Scotland, its President Caroline Flanagan said: "Last month, the Society called on the Scottish Executive to set up an independent body to handle consumer service complaints to increase confidence in the system, with the Society continuing to handle misconduct complaints and disciplinary matters.

"We are encouraged that the Executive and the Society are in broad agreement on providing a demonstrably independent and transparent complaints handling system. There is much to be done to achieve a system which will work in the best interests of the public and the profession, and the Society will work with the Executive to achieve that aim."

Warning that the cost of the process would be key to ensuring that access to justice is maintained, she added: "It is important that the cost to the profession does not increase as it might affect solicitors' businesses in Scotland by increasing the costs of professional regulation or legal services. This would be a particular concern for rural areas."

She hoped that the recognition that there are sometimes frivolous and vexatious complaints would ensure that solicitors are not penalised by this type of complaint under the new system.

Welcoming the recognition of the value of both solicitors and non-solicitors in the current complaints handling process, Mrs Flanagan concluded:

"These are just some of the issues which we hope to discuss with the Executive after today's announcement. These outline proposals are just the start of a long process with a bill still to be published and implementation of the changes not expected until 2007. In the meantime the Society will continue to handle complaints against solicitors and to implement its ongoing modernisation programme."