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Review of complaints handling by the professional bodies Office for the Supervision of Solicitors (OSS) My last Annual Report, published in June 1998, contained a warning that, unless solicitors themselves shouldered the responsibility for effective complaints handling, the Office for the Supervision of Solicitors ran the risk of being overwhelmed by the sheer volume of complaints with which it was dealing. The past 12 months have seen complaints handling at the OSS spiral out of control. The OSS has failed to deliver against its own published standards and targets and, by its own admission, the Law Society's ability to protect the public is now in jeopardy. In its own Annual Report. published in April 1999, the OSS acknowledges that it can no longer meet the demands of an ever increasing workload. An 'alternative strategy' has been developed, on which the Law Society will pass its verdict later this year. However, because of its past failures in complaints handling, the Law Society has a major credibility problem. I remain sceptical that the Law Society has the commitment and determination to do what is necessary to put its own house in order. In 1998/9 I investigated 1,466 allegations about the handling of complaints by the OSS. That represented 88.4% of my caseload and a very slight increase on last year's figure of just under 88%. However, whereas last year I made recommendations in only 23% of cases and formal criticisms in 10%, this year the figures were 30% and 6% respectively That is a very significant increase in the number of cases that warranted recommendations rather than mere criticism. Just how significant becomes more apparent when the breakdown of those recommendations is considered. Out of a total of 495 individual recommendations, 187 were that the OSS should reconsider the complaint, 203 that the OSS should pay compensation and 105 that the solicitor should pay. In 1997, the comparable figures were 101 recommendations that the OSS should reconsider, 101 recommendations that the OSS should pay compensation and 137 recommendations that the solicitor should pay compensation. Even after making allowance for the fact that this year's report covers 15 months rather than 12 months, it is apparent that I have had far greater cause this year than last to direct recommendations against the OSS. More generally, it is clear that there has been a steady and continuing decline in my, and my predecessor's, overall level of satisfaction with the OSS since it was created in September 1996: in 1996, 70% of cases attracted no recommendation or criticism; in 1997, the figure was down to 67%; in 1998/9, it was down even further to 64%. With friends like these... It is not just complainants who endure contempt at the hands of certain solicitors. It is ironic that, when one of the persistent criticisms of the OSS relates to delay. they are further hindered by those firms of solicitors who regard it as their role to obstruct the progress of an OSS investigation at every turn. Old habits die hard Even in their dealings with the Ombudsman, some solicitors cannot break the mould of combative behaviour. Rather than concede that an independent lay person might just have a point, they prefer to spend valuable time, and sometimes money as well, continuing to argue their case. The OSS all at sea Extensive delay is now endemic at the OSS. Contrary to the picture presented in the OSS' own Annual Report, however, this is not an orderly queue. The failure to manage delay is an aggravating feature that heaves many complainants infuriated. Some people are told that they will hear from the OSS within twelve weeks but do not hear anything for five months or more; others have to endure such delay without any explanation or apology. In some cases, it can take seven months to tell a complainant that there is nothing the OSS can do to help; and frequent changes of caseworker, whilst sometimes unavoidable, do not inspire confidence, especially when accompanied by sudden and inexplicable changes of direction or the apparent loss of any direction at all. Once the backlog of cases to be investigated becomes as intimidating as it undoubtedly now is. the temptation to cut investigative corners is all the stronger. Cases in which conciliation has already proved unsuccessful nevertheless get shunted back to the solicitors by way of referral under Practice Rule 15, even though this is clearly no longer appropriate. Files are simply closed prematurely, with various heads of complaint left unaddressed; arid tire chasing of replies from dilatory solicitors is overlooked, compounding complainants' eventual frustration. Ann Abraham From The Independent, Saturday, 11th March 2000 "Irvine warns Law Society over complaints backlog" ...Lord Irvine said only 51% of complaints reported to the OSS were being dealt with in three months, far short of the 90 per cent target. Lord Irvine has raised concerns that the Law Society, which controls the OSS budget, is failing as a regulator. He has warned the Law Society he will bring in reserve powers to impose a statutory complaints system if it does not sort itself out by the end of the year. An OSS spokesman said yesterday that it took Lord Irvine's comments "very seriously" but added that progress had already been made in reducing the backlog, which stood at 17,000 complaints at the beginning of the year. He added that the targets set to clear up did not have to be met until the end of the year. "David Lock, [a minister at the Lord Chancellor's Department] is due to visit the OSS on March 20 when we hope to assure him everything is under control," the spokesman added.
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