Annual Reports

Summary of the Annual Report 2002–2003

The Ombudsman

Answers to the Frequently Asked Questions about the Ombudsman: the laws which govern the Ombudsman’s role and remit; what the Ombudsman does; what is an Opinion, how is it prepared, what happens to it; what can the Ombudsman do, what can the Ombudsman not do, what is the connection between the Ombudsman and the Scottish Executive and Ministers?

The Ombudsman’s Office

Around 1,000 people a year contact the Ombudsman’s Office. Half get in touch about general consumer queries, and half with complaints about the legal and justice systems. Only a quarter of the complaints made to the Office are within the Ombudsman’s remit.

Complaints within the Ombudsman’s remit have risen steeply for two successive years, from 104 in 2000–01 to 245 this year.

206 complaints (a 30% increase compared with last year) were made after the Law Society of Scotland and Faculty of Advocates had made a decision on a complaint about a practitioner. We also took on 9 cases from the Ombudsman in England and Wales.

39 complaints were about the way the Law Society of Scotland and Faculty of Advocates were currently handling a complaint about a practitioner.

We prepared 210 Opinions and met our target to complete 95% within 13 weeks of receiving a letter of complaint.

We achieved a significant increase in output and performance.

I provided written and oral evidence to the Scottish Parliament’s Justice 1 Committee’s enquiry into legal services complaints and concerning the Council of the Law Society Bill.

The Ombudsman’s Powers in Action

A series of case studies to show how the Ombudsman’s powers are used.

The Law Society of Scotland

The Law Society received 1606 complaints that it classified as complaints.

We received 199 complaints about the way the Law Society had handled a complaint about a practitioner — an increase of 30% over last year.

We prepared 87 Opinions on complaints about the way the Law Society had handled a full complaint investigation and in almost a half I was not satisfied that there had been an adequate investigation.

We prepared 98 Opinions on complaints where the Law Society had refused to look into a complaint, and in 1 in 5 concluded that the Law Society had failed to recognise a complaint which it is required by law to investigate.

I recommended that the Law Society pay a total of £15,275 in compensation to complainants for inconvenience, distress and loss caused by poorly handled investigations, and that it reimburse a total of £895 to cover the complainants’ costs in making a complaint to the Ombudsman.

The Faculty of Advocates

The Faculty has started to use its new complaints procedures, with marked success.

The Faculty received 35 complaints about advocates.

We received 15 complaints about the way the Faculty of Advocates had handled a complaint about an advocate and completed 13 Opinions.

I was satisfied with the way the Faculty had handled a complaint in two thirds of the cases I assessed.

I recommended that the Faculty of Advocates pay a total of £850 as compensation for inconvenience caused by delay in 4 complaints, and reimburse a total of £75 to cover complainants’ costs in making a complaint to the Ombudsman.

The Scottish Conveyancing & Executry Services Board

I received no complaints about the Board, which is being abolished.

The Wider World

A regular series of informal meetings with related organisations keeps my small office in touch and informed.

We continue to meet with legal practitioners, consumers and complaint handling bodies in the non-legal world to improve our understanding of the provision of legal services and of best practice in modern complaint handling.

Linda M Costelloe Baker
Scottish Legal Services Ombudsman
July 2003

Source: http://www.slso.org.uk/2002summary.shtml