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Significant Case Failings - Definition and Statistics, Please
Spenser Poultney made this Freedom of Information request to Office of the Legal Services Complaints Commissioner
The request was partially successful.
From: Spenser Poultney
9 May 2009
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... but see Q3 below...
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"?
3. Why does the OLSO appear NOT to understand this request when
they clearly need to know the definition and (should) be able to
supply their own statistics?
See
http://www.whatdotheyknow.com/request/si...
Many thanks.
Yours faithfully,
Spenser Poultney
From: Webber, Mark
Office of the Legal Services Complaints Commissioner
13 May 2009
Dear Mr Poultney,
Thank you for your Freedom Of Information request. I have attached a
response - please see Word document attached.
Thanks,
Mark Webber
OLSCC
Corporate Services Manager
show quoted sections
From: Spenser Poultney
14 May 2009
Dear Webber, Mark,
Thank you for your reply. I had to re-read it a number of times but
confirm that it is a GOOD and reasonable answer.
In particular having the TITLES of the various reports made life
much easier. The following report was very interesting:-
http://www.olscc.gov.uk/docs/audit0607.pdf
In the 3rd paragraph on page 2 you said...
"In terms of the past 5 years, the OLSCC first assessed SRA against
these criteria on the Quality of Outcome Audit 2007 and the number
of significant failures by SRA is identified in that report as 26
cases. "
A better answer was to be had in the above report.
"we would expect between 1,795 and 3,206 cases to
have an outcome that was not reasonable."
OR
"However,this also means that almost 25% of all consumers who
complained to LCS or SRA about a solicitor had an outcome that
showed failings."
26 does not sound like many whereas 3,206 is a LOT of people
suffering because of the failings of the "all new" SRA/LCS - and
this after YEARS of campaigning and 10's of 1000's of hours and £'
millions spent.
To put it another way... one QUARTER of folks who have already
suffered at the hands of an incompetent and highly overpaid
solicitor must then suffer further incompetence from the
"regulator".
It's STILL a raw deal for the public and even a target of 90% (if
met) will still leave 1000's of people each year with no access to
justice.
... and THEN we find Ms. Manzoor giving the fines back to guilty
party. A very poor show when you dig far enough - but I'm GLAD I
asked.
Thank you again for your reply
Yours sincerely,
Spenser Poultney
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Spenser Poultney left an annotation ( 9 May 2009)
http://www.olscc.gov.uk/docs/srawebupdat...
Further clarification as to WHY I am asking the question may be found here:-
http://www.lcs-test.co.uk/couldbeforMoJ....
The above link is for a somewhat "tongue-in-cheek" email I sent to all MP's in March 2009. Despite the satirical content several MP's (Beverly Hughes, Jack Straw and some others) nonetheless forwarded it to the Ministry of Justice - reply here
http://www.lcs-test.co.uk/MOJ.htm
Jack Straw is particularly important here
http://www.cjp.org.uk/news/archive/legal...
Since he recently re-appointed Ms. Manzoor as BOTH the Legal Services Ombudsman AND the Legal Services Complaint Commissioner. I find it unacceptable that the OLSO does not seem to know what the OLSCC is doing and vice-versa.
What NOW? Will the OLSCC refer my second question BACK to the OLSO?
However you look at it, a refusal (by the SRA) to investigate a complaint on grounds that they had dealt with the problem 3 YEARS before the misconduct took place, not only requires a belief in time-travel and crystal balls but must also be a "significant failing".
How common this is is extremely important as I very much doubt that such complaints find their way into the statistics at all... and yet the OLSCC's target is "NO significant failings" - does that mean ZERO? What will the OLSO do WITH a significant failing?
Spenser Poultney
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