Significant Case Failings - definition and statistics

Dear Sir or Madam,

The OLSCC's report on the SRA may be found here:
http://www.olscc.gov.uk/docs/srawebupdat...

One of the targets set is defined as:
In 90% of closed complaints, SRA to achieve a fair and reasonable
outcome with no significant case failings.

It appears the findings of the OLSO are a significant factor in
determining performance under this target.

1. What is the definition of "No significant case failings"?

2. In the past 5 years how many cases examined by the Ombudsman
were found to suffer from "significant case failings"?

Many thanks.

Yours faithfully,

Spenser Poultney

Dear Sir or Madam,

I have today received a response from Kath Welton, the Corporate
Services Manager of the OLSO. It is pasted below after the "=====".
It is clearly an unsatiafactory answer.

Please state which of the following are true:-

1. The Legal Services Ombudsman is the SAME person as the Legal
Services Complaints Commissioner.

2. Ms. Manzoor in her role as LSCC is responsible for the setting
the targets which included the target of "No significant case
failings"

3. Ms. Manzoor MUST be able to answer the questions.

4. The OLSCC relies (to a large extent) on the findings of the OLSO
in assessing these targets.

5. The OLSO would HAVE to know what a constitutes a "Significant
Failing" or it cannot accurately report to its OWN Head of
Organisation - information the "Head" needs in BOTH her roles

Will the OLSO therefore, PLEASE, answer the original questions,
even if you need to seek the advice of your Senior Member (Zahida
Manzoor).

Will the OLSO PLEASE also answer the following:-

Would the OLSO regard it a "Significant Failing" if the SRA were to
ignore evidence of what a prominent Law Lord termed "A most serious
disciplinary offence" and simply REFUSE to investigate complaints
against the Law Firm?

Would Would the OLSO regard it a "Significant Failing" if the SRA
were to claim the REASON for their refusal to investigate was that
the Law Society had dealt with matters three years BEFORE the
misconduct took place - i.e. clearly an IMPOSSIBLE claim?

I look forward to hearing from you with answers to all FOUR
questions. Many thanks.

Yours sincerely,

Spenser Poultney

=====================================

Dear Mr Poultney

Thank you for your e-mail of 20 April 2009.

A definition of “no significant case failings” is not something
that I can comment on. This is terminology used by the OLSCC who as
you are probably aware are a totally separate office from OLSO.

In order to be as helpful as possible however, I would refer you to
the Ombudsman’s Annual Reports which are available under the
Office’s Publication Scheme. Hard copies can be purchased from The
Stationery Office (www.tso.co.uk) or are free of charge on the OLSO
website (www.olso.org).

These documents will show you, in the sections on the Law Society,
statistics related to satisfaction ratings and the adverse findings
of the Ombudsman. The LCS and SRA were not created until 2006 and
therefore the Ombudsman’s 2007/2008 Annual Report was the first
that she could report separately on the LCS and the SRA.

I trust you will find this helpful.

Yours sincerely

Kath Welton
Corporate Services Manager

Dear Kath Welton,

Thank you for your email and letter of 7th May. I am still not
satisfied with your answer and must (probably) await the "Internal
Review" process.

However...

As I pointed out in my email of 27th April The Legal Services
Ombudsman (the head of YOUR office) is one and the SAME person as
the Legal Services Complaints Commissioner. Your Office MUST be
able to answer the questions raised. I also pointed out the
interdependence of the OLSO and the OLSCC as STATED in Ms. Manzor's
report here http://www.olscc.gov.uk/docs/srawebupdat....
Clearly the OLSO NEEDS to know the answers to these questions.

I repeat my request of 27th April below which you have (so far) not
addressed.

Please either forward my FOI request to Ms. Manzoor or explain why
the OLSO believes that continually "passing the buck" is the best
policy for a Government Office established under the Courts and
Legal Services Act 1990?

"Why not simply forward this email and ask Ms. Manzoor to answer?
I know she must be busy, but a response from Ms. Manzoor herself
(Both the LSO and the LSCC) would send a very clear message that
the OLSO and the OLSCC are Offices we can ALL be proud of... "two
birds with one stone" and a very sensible use of public funds,
perhaps?"

I look forward to hearing from you.

Yours sincerely
Spenser Poultney

===================================================

----- Original Message -----
From: Legal Services Ombudsman
To: [email address]
Sent: Thursday, May 07, 2009 9:59 AM
Subject: 43877

07 May 2009

Dear Mr Poultney

Thank you for your e-mail dated 27 April 2009. I am sorry that you
were not satisfied with my response to your e-mail of 20 April
2009. However, there is no further information that I can provide
you with that is held by this Office.

As I have explained previously the Office of the Legal Services
Ombudsman (OLSO) and the Office of the Legal Services Complaints
Commissioner (OLSCC) are two separate offices with different
functions. The Ombudsman and the Commissioner operate under two
separate Acts of Parliament, namely the Courts and Legal Services
Act 1990 and the Access to Justice Act 1999.

It appears that your reference to “significant case failings” by
the Solicitors Regulation Authority (SRA) relates to the OLSCC’s
approach to auditing; which we are unable to comment on from this
Office. This is a matter for the OLSCC and any comments must come
from that Office. I would suggest that you approach the OLSCC for
the information you require. Their address is 19th floor, West
Riding House, 67 Albion Street, Leeds LS1 5AA.

I have already tried to be as helpful as possible by providing you
with links to the information which is published by the Ombudsman
on her findings from the investigation of complaints about the
legal professional bodies.

I should also add that the Ombudsman investigates specific
complaints about the legal professional bodies. It is not possible
to consider hypothetical questions outside the context of a
specific case as the Ombudsman considers every case on its
individual merits.

In the circumstances I am sorry that I am unable to be of further
assistance to you.

Yours sincerely

Kath Welton
Corporate Services Manager

Hard copy also sent 1st class post