Complaints Commission publishes its proposed rules
1 May 08
Draft available for consultation until the end of the month
The Scottish Legal Complaints Commission is seeking views on the rules under which it will operate when it opens for business on 1 October.
From that date, the Commission, set up under the Legal Profession and Legal Aid (Scotland) Act 2007, will resolve service complaints against solicitors and advocates, with all claims of misconduct continuing to pass to the professional bodies. The rules drafted by the Commission are aimed at allowing it to deal with disputes objectively and quickly.
Jane Irvine, Scottish Legal Services Ombudsman and chair of the Commission, said the Commission had drafted the rules to provide it with control over the procedure for resolution, so far as the Act alowed.
"They form a framework under which we can develop a process that will allow us to work within our aims of dealing with disputes objectively, facilitating early resolution and acting proportionately, by applying the correct mix of legal and lay skills during our inquisitorial process.
"The Rules are necessarily formal as they require to be precise. We intend of course to prepare guidance notes and have an active Gateway Team of people in place to guide complainers and practitioners more carefully through our process before we launch the Commission."
Ms Irvine added that the complaint form referred to in the rules would be expanded to allow for representative and third party complaints, but the Commission hoped that the drafts now being published would stimulate thought and discussion about the way it intends to operate.
A copy of the rules can be found at www.scottishlegalcomplaints.com, the recently launched website for the Commission. Comments can be sent to Ms Irvine through a link on the website or by post to the Ombudsman’s office at 17 Waterloo Place, Edinburgh EH1 3DL. Responses are requested by 31 May 2008.