Legal Ombudsman

Last updated

The Legal Ombudsman is an ombudsman service that opened in October 2010. [1] It is a free service that investigates complaints about lawyers in England and Wales. The Legal Ombudsman was set up as a result of the Legal Services Act 2007 [2] and took over from the Legal Complaints Service and other legal complaint-handling bodies. The current Chief Ombudsman is Paul McFadden, who replaced Rebecca Marsh in January 2021, Marsh having left the post in the summer of 2020 after being in post since April 2019. [3] [4] The Legal Ombudsman is a member of the Ombudsman Association. [5]

Contents

Governance and jurisdiction

Sections 114 and 115 of the Legal Services Act 2007 established the Office for Legal Complaints and stipulated that it must operate an ombudsman scheme. The OLC appointed the first chief ombudsman and acts as the Legal Ombudsman's board. The OLC is responsible to both the Legal Services Board and the Ministry of Justice. The current chair of the OLC is Elisabeth Davies. [6]

The Legal Ombudsman can investigate complaints made by members of the public (and small businesses, clubs and charities) about the service they receive from lawyers working in England and Wales. The following types of lawyers fall within the Legal Ombudsman's jurisdiction:

From 28 January 2015 the Legal Ombudsman began to take complaints about authorised claims management companies. [7]

The Legal Ombudsman's role is restricted to investigating issues around quality of service. Because the Legal Ombudsman is a lay organisation (section 122 (2) of the Legal Services Act does not allow a lawyer to be the Chief Ombudsman), [8] generally, it cannot say whether legal advice is correct or not. The exception is if it appears that the advice is so unreasonable that no other lawyer in the same circumstances would have given it: this is the reasonable or common sense approach.

Similarly, the Legal Ombudsman cannot make decisions on matters of negligence because negligence is a legal concept that must be proved in a court of law. However, it is possible that poor service, which the Legal Ombudsman can investigate, might overlap with evidence that a complainant might wish to use to argue that their lawyer has been negligent. Where there is an overlap, only the courts have the authority to decide what amounts to negligence. The Legal Ombudsman's rules allow it to decline to investigate cases that relate to legal advice or negligence if it thinks that they would be better dealt with by the courts or some other scheme. [9]

Any issues relating to the general conduct of a lawyer will be referred to the appropriate regulating body. For instance, where there is evidence to suggest a solicitor may have been guilty of misconduct, the Legal Ombudsman will refer the matter to the Solicitors Regulation Authority.

Complainants normally have to complain to the lawyer first. Failing this there are two relevant time limits regarding taking a complaint to the Legal Ombudsman: It will accept complaints up to six years from the date of act/omission, or three years from when the complainant should have known about the complaint if later. However, this new limit will be introduced gradually so at the moment the problem must have happened on or after 6 October 2010.

Impartiality

Sections 122(3) and (8) of the Legal Services Act 2007 provide that the Chief Ombudsman must not be a lawyer. In addition, as an arms-length body the Legal Ombudsman is not affiliated to lawyers' representative bodies or their regulators. In this respect it differs from the Legal Complaints Service, one of its predecessors.

Related Research Articles

<span class="mw-page-title-main">European Ombudsman</span> Ombudsman for the European Union

The European Ombudsman is an inter-institutional body of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing problems with the EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. The current Ombudsman is Emily O'Reilly.

<span class="mw-page-title-main">Independent Police Complaints Commission</span> Defunct public body for police oversight in England and Wales

The Independent Police Complaints Commission (IPCC) was a non-departmental public body in England and Wales responsible for overseeing the system for handling complaints made against police forces in England and Wales.

<span class="mw-page-title-main">Financial Ombudsman Service</span> United Kingdom independent complaints body

The Financial Ombudsman Service is an ombudsman in the United Kingdom. It was established in 2000, and given statutory powers in 2001 by the Financial Services and Markets Act 2000, to help settle disputes between consumers and UK-based businesses providing financial services, such as banks, building societies, insurance companies, investment firms, financial advisers and finance companies.

<span class="mw-page-title-main">Ethical Standards in Public Life etc. (Scotland) Act 2000</span> United Kingdom legislation

The Ethical Standards in Public Life etc. (Scotland) Act 2000 is an Act of the Scottish Parliament which established that the Scottish Ministers had to issue a code of conduct for councillors, and put in place mechanisms for dealing with councillors in contravention of the code. It was introduced by Scottish Executive minister Wendy Alexander.

<span class="mw-page-title-main">Parliamentary and Health Service Ombudsman</span> UK government agency

The Parliamentary and Health Service Ombudsman (PHSO) comprises the offices of the Parliamentary Commissioner for Administration (PCA) and the Health Service Commissioner for England (HSC). The Ombudsman is responsible for considering complaints by the public that UK Government departments, public authorities and the National Health Service in England have not acted properly or fairly or have provided a poor service.

The Local Government and Social Care Ombudsman (LGSCO), legally the Commission for Local Administration in England and formerly known as the Local Government Ombudsman (LGO), investigates complaints from members of the public about councils and some other some other authorities and organisations providing public services in England. It also investigates complaints about registered adult social care providers. It is the last stage of the complaints process, for people who have given the council or provider opportunity to resolve the issue first. It is a free service. Similar duties are carried out by the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman and the Northern Ireland Ombudsman. The current (interim) Local Government and Social Care Ombudsman is Paul Najsarek, whose appointment commenced on 1 April 2023.

The Pensions Ombudsman is the official ombudsman institution responsible for investigating complaints regarding pensions in the United Kingdom. The Pensions Ombudsman is a non-departmental public body stewarded by the Department of Work and Pensions, and the Ombudsman and Deputy Ombudsman are appointed by the Secretary of State for Work and Pensions. The Ombudsman is an independent commissioner; he and his staff are not civil servants. His brief is to resolve disputes of fact or law and to investigate claims of maladministration. Unusually for UK Ombudsmen, the Pensions Ombudsman's determinations are binding on the parties and enforceable in the County Court. There is a right of appeal to the High Court on a point of law. In England the High Court's permission has to be obtained for an appeal.

The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.

The Scottish Public Services Ombudsman (SPSO) is the organisation that handles complaints about public services in Scotland. The Ombudsman service is independent of government and with a duty to act impartially.

<span class="mw-page-title-main">Legal Services Act 2007</span> United Kingdom legislation

The Legal Services Act 2007 is an Act of the Parliament of the United Kingdom that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer complaints. It also makes provisions about the Legal Profession and Legal Aid (Scotland) Act 2007.

In England and Wales, the Legal Services Ombudsman was a statutory officer that investigated allegations about the improper, ineffective or inefficient way that complaints about lawyers are handled by their respective self-regulating professional bodies. The Ombudsman is appointed by, and is answerable to, the Lord Chancellor and Secretary of State for Justice. It has been abolished under the Legal Services Act 2007

In England and Wales, a claims management company is a business that offers claims management services to the public. Claims management services consist of advice or services in respect of claims for compensation, restitution, repayment or any other remedy for loss or damage, or in respect of some other obligation. Claims management services cover litigation, or claims under regulation schemes or voluntary arrangements.

The New National Consumer Council, operating as Consumer Futures, was a non-departmental public body and statutory consumer organisation in England, Wales, Scotland, and, for postal services, Northern Ireland. It was established by the Consumers, Estate Agents and Redress Act 2007, and began operations in 2008 by the merging of Postwatch, Energywatch and the Welsh, Scottish and National Consumer Councils under the Consumer Focus brand.

Ombudsmen in Australia are independent agencies who assist when a dispute arises between individuals and industry bodies or government agencies. Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems. Australia has an ombudsman assigned for each state; as well as an ombudsman for the Commonwealth of Australia. As laws differ between states just one process, or policy, cannot be used across the Commonwealth. All government bodies are within the jurisdiction of the ombudsman.

<span class="mw-page-title-main">Courts and Legal Services Act 1990</span> United Kingdom legislation

The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked.

<span class="mw-page-title-main">Ombudsman</span> Official representing the interests of the public

An ombudsman, ombud, ombuds, bud, ombudswoman, ombudsperson or public advocate is a government employee who investigates and tries to resolve complaints, usually through recommendations or mediation. They are usually appointed by the government or by parliament.

<span class="mw-page-title-main">Financial Ombudsman Service (Australia)</span>

The Financial Ombudsman Service (FOS) was a member-funded Australian ombudsman service that provided external dispute resolution for consumers who were unable to resolve complaints with member financial services organisations.

<span class="mw-page-title-main">Parliamentary Commissioner Act 1967</span> United Kingdom legislation

The Parliamentary Commissioner Act 1967 is an act of the Parliament of the United Kingdom.

The Office for Legal Complaints (OLC) is the board of the Legal Ombudsman, the free service that investigates complaints about lawyers in England and Wales.

The Scottish Legal Complaints Commission (SLCC) is a non-departmental public body responsible dealing with unresolved complaints against legal practitioners operating in Scotland. It was established under the Legal Profession and Legal Aid (Scotland) Act 2007 and came into operation on 1 October 2008, replacing the Scottish Legal Services Ombudsman.

References

  1. ↑ "[ARCHIVED CONTENT] New ombudsman for complaints against lawyers – Ministry of Justice". Webarchive.nationalarchives.gov.uk. Archived from the original on 13 October 2010. Retrieved 15 March 2013.
  2. ↑ "Legal Services Act 2007". Legislation.gov.uk. 27 May 2011. Retrieved 15 March 2013.
  3. ↑ "LEO News in Brief".
  4. ↑ "Legal Ombudsman - Our team". Archived from the original on 7 January 2015. Retrieved 30 September 2018.
  5. ↑ "Home". ombudsmanassociation.org.
  6. ↑ "Legal Ombudsman - Our team". Archived from the original on 7 January 2015. Retrieved 15 January 2018.
  7. ↑ "Ombudsman opens door". Legalombudsman.org.uk. 28 January 2015. Retrieved 8 February 2016.
  8. ↑ "Legal Services Act 2007". Legislation.gov.uk. 27 May 2011. Retrieved 15 March 2013.
  9. ↑ "Scheme Rules" (PDF). Legal Ombudsman. 1 February 2013. Archived from the original (PDF) on 18 April 2013. Retrieved 15 March 2013.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.