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. [1] It has been abolished under the Legal Services Act 2007
England and Wales is a legal jurisdiction covering England and Wales, two of the four nations of the United Kingdom. "England and Wales" forms the constitutional successor to the former Kingdom of England and follows a single legal system, known as English law.
A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.
A lawyer or attorney is a person who practices law, as an advocate, attorney, attorney at law, barrister, barrister-at-law, bar-at-law, civil law notary, counsel, counselor, counsellor, counselor at law, solicitor, chartered legal executive, or public servant preparing, interpreting and applying law, but not as a paralegal or charter executive secretary. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services.
The first Ombudsman was appointed to start work on 2 January 1991. During the first decade of operation, the office undertook 10,531 investigations:
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Often, barristers are also recognised as legal scholars.
A Licensed Conveyancer is a specialist legal professional in the United Kingdom, New Zealand, Australia or South Africa who has been trained to deal with all aspects of property law.
Around 60% of the firms of solicitors in England and Wales and around 8% of practising barristers were subject of a complaint to the Ombudsman in that time. [2]
The Ombudsman could: [3]
There was also a power to re-investigate the original complaint but this is only used in exceptional circumstances.
With the passing of The Legal Services Act 2007 the Office of the Legal Services Ombudsman was abolished. It has been replaced by the Office for Legal Complaints. [4] This body goes by the public name Legal Ombudsman.
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.
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 Legal Ombudsman is an ombudsman service that opened in October 2010. 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 and took over from the Legal Complaints Service and other legal complaint-handling bodies. The current Chief Executive is Rob Powell, who replaced Nick Hawkins in October 2017. The current Chief Ombudsman is Rebecca Marsh, who replaced Kathryn Stone OBE in January 2018. The Legal Ombudsman is a member of the Ombudsman Association.
A Queen's Counsel, or King's Counsel during the reign of a king, is an eminent lawyer who is appointed by the monarch to be one of "Her Majesty's Counsel learned in the law." The term is recognised as an honorific. The position exists in some Commonwealth jurisdictions around the world, but other Commonwealth countries have either abolished the position, or re-named it to eliminate monarchical connotations, such as "Senior Counsel" or "Senior Advocate". Queen's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the bar of court.
The Law Society of England and Wales is the professional association that represents and governs solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as well as serving as a sounding board for law reform. Members of the Society are often consulted when important issues are being debated in Parliament or by the executive. The Society was formed in 1825.
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 Minister 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.
In England and Wales, the Legal Complaints Service was a body that formally investigated complaints about solicitors, which was superseded by the Legal Ombudsman in 2010.
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures. Part 1 provides a scheme for radical overhaul of the tribunal system in the UK, creating a new unified structure with two new tribunals to embrace the former fragmented scheme, along with a Senior President of Tribunals. Part 2 defines new criteria for appointment as a judge, generally reducing the length of experience required with the aim of increasing diversity in the judiciary. Part 3 creates a new system of taking control of goods in order to enforce judgments and abolishes ancient common law writs and remedies such as fieri facias, replevin and distress for rent. It introduces a modern system of 'certified enforcement agents' and 'exempted enforcement agents' which includes civil servants such as court officers and County Court Bailiffs, civilian enforcement officers and police officers. Part 4 makes some changes to attachment of earnings and charging orders to make recovery of debts more straightforward. Part 5 makes some changes to insolvency practice in order to provide low-cost protection for people who have previously been excluded owing to their small debts and lack of assets. Part 6 provides protection from seizure for foreign antiquities and artefacts on display in the UK and whose provenance is alleged to be broken by misappropriation. Such artefacts can only be seized on a court order that was compelled by a Community obligation or a treaty obligation.
In England and Wales, the Legal Services Complaints Commissioner is a statutory office that regulates solicitors, but not barristers. A Commissioner can be appointed by, and is answerable to, the Lord Chancellor and Secretary of State for Justice.
Zahida Parveen Manzoor, Baroness Manzoor is a British businessperson and Conservative member of the House of Lords, who was elevated to the House of Lords originally as a Liberal Democrat peer in 2013. She became a non-affiliated member, having resigned the Lib Dem Whip in 2016. On 9 October 2016, it was announced that she has joined the Conservative Party and is a Government whip.
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 Legal Services Board is an independent body responsible for overseeing the regulation of lawyers in England and Wales. It is a non-departmental public body sponsored by the Ministry of Justice, created through the Legal Services Act of 2007.
The Community Services Appeal Tribunal was an independent tribunal established in the State of New South Wales to deal with breaches of community welfare legislation, as well as handling appeals against licensing decisions in respect of child care services, boarding houses, and foster carers. The tribunal provided the first forum in New South Wales for alternative dispute resolution in New South Wales for resolving disputes. The tribunal replaced the Community Welfare Appeals Tribunal which was known as CWAT.
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.
The Authorised Conveyancing Practitioners Board is the regulatory organisation and professional association for authorised conveyancers in the United Kingdom. Created in 1990 by the Courts and Legal Services Act 1990, the Practitioners Board oversees authorised conveyancers in the United Kingdom, advising the Lord Chancellor on conveyancing matters, regulating authorised conveyancers and preventing the creation of conveyancing monopolies like those that existed before the 1990 act.
An ombudsman, ombudsperson, ombud, or public advocate is an official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights. The ombudsman is usually appointed by the government or by parliament, but with a significant degree of independence. In some countries an inspector general, citizen advocate or other official may have duties similar to those of a national ombudsman, and may also be appointed by a legislature. Below the national level an ombudsman may be appointed by a state, local or municipal government. Unofficial ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier, newspaper, NGO, or professional regulatory body.
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.