LSCC warning: Law Society narrowly escapes fine as Manzoor claims more can be done

The handling of complaints against solicitors is still dogged by 'unacceptable' delays, the Legal Services Complaints Commissioner (LSCC) warned this week.


However, despite coming 'very close' to fining the Law Society for an inadequate plan to improve the Consumer Complaints Service (CCS), Zahida Manzoor has instead 'taken into consideration the Law Society's current poor performance and what it can realistically achieve'.


She therefore passed Chancery Lane's plan as adequate - although she said she was 'disappointed that [it] reflects only a small step forward'.


She also agreed to modify slightly three of the ten targets she originally set with the aim of improving performance within three years, including 'tolerance bands' set below the targets which, if met, would mean escaping a fine. These will be reassessed in a new plan for 2006/07.


Ms Manzoor conceded that it might now take longer than three years to bring about the change in complaints-handling she wants to see, by which time the proposed office of legal complaints may be starting up and replacing the CCS. However, she insisted that valuable lessons were being learned for any new operation, while reform was needed now to help people who complain in the meantime.


Using her LSCC powers, Ms Manzoor sent in a team to audit a random sample of 114 cases out of 3,035 closed between July and August 2004. It found delays in 70% of cases and that consumers experienced an average delay of nearly six months.


She said the problems uncovered were similar to those she has previously identified in her separate role of Legal Services Ombudsman, 'and demonstrate that the Law Society has not yet turned around its handling of complaints'.


She added: 'Despite positive statements from the Law Society about what it is doing, I still believe it could do more. In particular, there needs to be a much stronger consumer focus in its complaints-handling activities, with more emphasis on improving service and less reliance on paying compensation when service falls below the set standards.'


The Law Society welcomed Ms Manzoor's agreement to its plan. However, chief executive Janet Paraskeva said it is 'simply wrong to say that there are currently delays in seven out of ten cases'.


She said: 'The audit the LSCC refers to looked at cases up to 18 months old. Since then, our records show that we consistently resolved over 50% of cases in less than three months. However, we are not complacent, and have worked with the LSCC, who has agreed our plan of action for the next 12 months.'


Consumer group Which? backed the LSCC's actions. Head of campaigns Louise Hanson said: 'Which? is pleased that the legal profession has been set a clear challenge to mend their old ways and act in a way appropriate for the 21st century. For too long, people using legal services have had to put up with a patronising and often slow service. It is clear that the commissioner has laid down the law and means business.'