Legal Complaints Service - Background

Background

Solicitors in England and Wales are both represented and regulated by the Law Society and, before 2007, the Society investigated complaints about its members through its Legal Complaints Service (LCS). However, in September 2003, Lord Chancellor Lord Falconer, criticised the Society, saying:

Unfortunately in spite of all efforts, complaints handling is still not efficient and effective.

As a result, in February 2004 the Lord Chancellor exercised his powers under the Access to Justice Act 1999 to appoint a Legal Services Complaints Commissioner to regulate the Society. In response to the Commissioner's criticisms, in 2005, the Law Society divided its functions among the Society, the Solicitors Regulation Authority and the Legal Complaints Service but by May 2006, the Society's efforts to remedy its own deficiencies were still giving concern to the Commissioner. As a result, a penalty of £220,000 was levied. The Commissioner subsequently recognised that progress was being made and on 22 February 2007, the Service came into being. In April 2007, the Commissioner advised the Society that their Complaints Handling Plan adequately addressed the concerns. However, in April 2008, the Commissioner reported that "Results show that despite some improvements in all target areas set, there are still failures ... to consistently apply their policies, processes and customer standards." On 3 June 2008, the Commissioner fined the Law Society £275,000 over the inadequacy of its complaints handling plan for the forthcoming year.

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