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Law Society: Complaints

Volume 471: debated on Wednesday 30 January 2008

To ask the Secretary of State for Justice whether he is investigating complaints made to the Law Society’s Legal Complaints Service by miners and their families relating to solicitors making inappropriate deductions from miners’ compensation awards, with reference to the Legal Services Complaints Commissioner’s report “Investigation into the Handling of Coal Health Compensation Scheme Complaints by The Legal Complaints Service and Solicitors Regulation Authority,” dated 15 January 2008; whether he plans to take other steps in response to that report; and if he will make a statement. (178831)

The legal profession is independent, and complaints about solicitors are therefore a matter for the Law Society rather than Government. However, the Government believe that it is important that miners who complain to the Law Society about their claims under the Coal Health Compensation Scheme get the level of service and compensation that they deserve. The Government therefore seek regular updates from the Law Society to ensure that progress is being made in continually improving the service, and are awaiting a detailed response from the Law Society to the LSCC Special Report.

The Government have legislated in the Legal Services Act 2007 to create an independent Office for Legal Complaints which will remove complaints handling from the legal professional bodies. It will also enable approved regulators to deal more effectively with cases of widespread wrongdoing in the future.

To ask the Secretary of State for Justice what steps are being taken to (a) retrain Legal Complaints Service caseworkers on the various options open to miners and (b) assess the financial implications of each option with reference to the Legal Services Complaints Commissioner’s report “Investigation into the Handling of Coal Health Compensation Scheme Complaints by The Legal Complaints Service and Solicitors Regulation Authority,” of 15 January 2008. (178832)

The legal profession is independent and complaints about solicitors are therefore a matter for the Law Society rather than Government. The Legal Complaints Service has informed the Ministry of Justice that its staff receive regular ongoing training taking into account feedback from all quarters including the LSCC. The LCS is currently investigating the financial implications of case handling options.

The Government seek regular updates from the Law Society to ensure that progress is being made in continually improving the service, and are awaiting a detailed response from the Law Society to the LSCC Special Report.

The Government have legislated in the Legal Services Act 2007 to create an independent Office for Legal Complaints which will remove complaints handling from the legal professional bodies. It will also enable approved regulators to deal more effectively with cases of widespread wrongdoing in the future.

To ask the Secretary of State for Justice if he will establish an investigation the payments made between solicitors as identified in the Legal Services Complaints Commissioner’s recent report on the handling of Coal Health Compensation Schemes and the trade unions which referred cases to them. (178833)

The legal profession is independent, and complaints about solicitors’ conduct are therefore a matter for the Law Society rather than Government.

The Solicitors Regulation Authority (SRA) has authorised investigations 60 firms of solicitors; 20 firms have been referred to the Solicitors Disciplinary Tribunal, and the SRA has won the first three disciplinary cases heard there.