DCA Threatens Law Society With £1 Million Fine

by Robin Pilgrim, LawAndTax-News.com, London

15 September 2004

The UK's Department for Constitutional Affairs (DCA) on Monday revealed that the Law Society could face a fine of up to £1 million if it does not significantly improve the performance of its complaints handling arm.

Earlier this year, the regulatory body faced criticism over its complaints handling from the Legal Services Ombudsman, Zahida Manzoor in her annual report.

According to Ms Manzoor, although the Society's performance appeared to have improved in terms of quantity, with a reduction of its live caseload by around 1,090 cases, the Ombudsman's Office was satisfied with the way that complaints were dealt with in just 53.3% of cases.

This represents a drop from the 67.2% satisfaction level last year, and is well below the acceptable level of 75% stipulated by the Department of Constitutional Affairs. The report went on to reveal that the Law Society has failed to meet all but one of its targets for turnaround times, and has reduced the number of cases being referred to the Office of the Legal Services Ombudsman (OLSO) substantially, for reasons which were not clear.

The £1 million fine is the largest potential penalty that the Law Society could receive, and was justified by Constitutional Affairs Minister, David Lammy, who told the UK media that:

"Getting complaints handling right is of critical importance. The solicitor's role as the conduit between the public and the legal system is vital but will only continue to work effectively if the Law Society can ensure that its services are carried out to a high standard."

The Legal Services Ombudsman has reportedly welcomed the DCA's proposed maximum penalty amount.

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