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The new Legal Ombudsman service
The Bar should be aware that, from Wednesday 6 October 2010, a new Legal Ombudsman service will start operating and will be
responsible for dealing with complaints about the services provided to clients by all legal professionals. This includes complaints about services provided by barristers, solicitors, legal executives and other types of legal professionals. Therefore, from that date, all complaints from clients of barristers about the service a barrister has provided will no longer be dealt with by the Bar Standards Board (BSB) but instead must be dealt with by the Legal Ombudsman service.
The BSB will retain responsibility after 6 October 2010 for dealing with complaints about professional misconduct and disciplinary matters but the Legal Ombudsman will act as a single point of contact for all complaints. The Legal Ombudsman will have no power to deal with disciplinary matters but will be responsible for ensuring that any complaints, or parts of complaints, that might relate to professional misconduct are referred to the BSB to deal with.
It should be emphasised that the Legal Ombudsman will not start operating until 6 October 2010 and in the meantime the BSB will continue to deal with all types of complaints about barristers. When the Legal Ombudsman service starts operating on 6 October 2010, it will be able to reach an informal settlement with the complainant and barrister in relation to complaints about poor service but, if necessary, it can formally order a barrister to pay compensation and/or return fees up to a maximum of £30,000 (the BSB’s compensation limit is £15,000). The Legal Ombudsman will also have the power to enforce any financial settlements/orders through the courts which is a power that the BSB does not have. However, the Legal Ombudsman will require that, before submitting a complaint to the Ombudsman service, complainants will first have to complain to the barrister’s Chambers or employer in order to see if a local resolution can be achieved.
The Bar’s Code of Conduct will be amended to place an obligation on barristers (and thereby chambers) to provide information to complainants about their right to complain to Chambers as well as their right to complain to the Legal Ombudsman. The Code will also require barristers to co-operate with the Legal Ombudsman service and disciplinary action may result where a barrister fails to do so which includes a failure to inform clients of their right to access the Legal Ombudsman service. It is therefore important that Chambers ensure that they are operating effective “in-house” complaints procedures in line with Annex S to the Code.
Time limits for submitting complaints
The BSB’s time limits for submitting complaints will continue to be six months from the date of the events giving rise to the complaint
or three months from the date of the chambers decision on a complaint whichever is longer. These time limits will apply to all complaints received by the BSB up until 6 October 2010. When the Legal Ombudsman service starts operating in October, it will apply a longer time limit of 12 months from the date of the event or 12 months from the date on which a complainant could reasonably have known, without taking advice, that there was a reason for making a complaint. The Legal Ombudsman will therefore be able to consider complaints about events that occurred on or after 6 October 2009 as long as those complaints have not previously been considered by the BSB. The changes outlined above will affect all members of the Bar and it is important that the Barristers and Chambers are prepared for them. If you would like more information about the Legal Ombudsman and/or the new obligations in relation to addressing client complaints, please contact:
The BSB will retain responsibility after 6 October 2010 for dealing with complaints about professional misconduct and disciplinary matters but the Legal Ombudsman will act as a single point of contact for all complaints. The Legal Ombudsman will have no power to deal with disciplinary matters but will be responsible for ensuring that any complaints, or parts of complaints, that might relate to professional misconduct are referred to the BSB to deal with.
It should be emphasised that the Legal Ombudsman will not start operating until 6 October 2010 and in the meantime the BSB will continue to deal with all types of complaints about barristers. When the Legal Ombudsman service starts operating on 6 October 2010, it will be able to reach an informal settlement with the complainant and barrister in relation to complaints about poor service but, if necessary, it can formally order a barrister to pay compensation and/or return fees up to a maximum of £30,000 (the BSB’s compensation limit is £15,000). The Legal Ombudsman will also have the power to enforce any financial settlements/orders through the courts which is a power that the BSB does not have. However, the Legal Ombudsman will require that, before submitting a complaint to the Ombudsman service, complainants will first have to complain to the barrister’s Chambers or employer in order to see if a local resolution can be achieved.
The Bar’s Code of Conduct will be amended to place an obligation on barristers (and thereby chambers) to provide information to complainants about their right to complain to Chambers as well as their right to complain to the Legal Ombudsman. The Code will also require barristers to co-operate with the Legal Ombudsman service and disciplinary action may result where a barrister fails to do so which includes a failure to inform clients of their right to access the Legal Ombudsman service. It is therefore important that Chambers ensure that they are operating effective “in-house” complaints procedures in line with Annex S to the Code.
Time limits for submitting complaints
The BSB’s time limits for submitting complaints will continue to be six months from the date of the events giving rise to the complaint
or three months from the date of the chambers decision on a complaint whichever is longer. These time limits will apply to all complaints received by the BSB up until 6 October 2010. When the Legal Ombudsman service starts operating in October, it will apply a longer time limit of 12 months from the date of the event or 12 months from the date on which a complainant could reasonably have known, without taking advice, that there was a reason for making a complaint. The Legal Ombudsman will therefore be able to consider complaints about events that occurred on or after 6 October 2009 as long as those complaints have not previously been considered by the BSB. The changes outlined above will affect all members of the Bar and it is important that the Barristers and Chambers are prepared for them. If you would like more information about the Legal Ombudsman and/or the new obligations in relation to addressing client complaints, please contact:
The new Legal Ombudsman service
The Bar should be aware that, from Wednesday 6 October 2010, a new Legal Ombudsman service will start operating and will be
responsible for dealing with complaints about the services provided to clients by all legal professionals. This includes complaints about services provided by barristers, solicitors, legal executives and other types of legal professionals. Therefore, from that date, all complaints from clients of barristers about the service a barrister has provided will no longer be dealt with by the Bar Standards Board (BSB) but instead must be dealt with by the Legal Ombudsman service.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
