Any fine for the Legal Complaints Service (LCS) over its performance will harm the organisation, clients and relations with solicitors, the Legal Services Complaints Commissioner (LSCC) was told last week.


Zahida Manzoor was given the message as she decides what action to take following her decision that the LCS and Solicitors Regulation Authority had failed to deliver their complaints-handling improvement plan for 2006/07 (see [2007] Gazette, 14 June, 1). She has the power to fine up to £1 million or 1% of the Law Society's budget, whichever is the smaller.



Speaking ahead of a meeting with Ms Manzoor - which was the chance to make representations about the decision - LCS chief executive Deborah Evans said a fine of any size would demotivate staff, make it harder to recruit, be a 'disservice' to clients - who would be more reluctant to complain - and make the LCS's dealings with solicitors more difficult.



She told the LCS board meeting in London: 'We're not a failing organisation. We're an organisation on the cusp of success.'



The Law Society and Solicitors Regulation Authority also made representations to Ms Manzoor. Law Society chief executive Des Hudson said: 'We do not think any fine would be justified. On whatever analysis, performance this year is ahead of last year. The performance of the LCS compares favourably with all similar bodies across the UK.'



The authority's chief executive, Antony Townsend, added: 'Given the progress of the past year, and a performance which compares very favourably with other similar complaints handlers, our view is that a penalty would do nothing to improve service for consumers, and would be unjustified.'



Speaking to the Gazette on publication of the LSCC's annual report this week, Ms Manzoor emphasised that while there have been improvements, they were 'not at the pace they should be' given the LCS's £36 million budget and staffing. Quality assurance and consistency are her two key concerns.



In all, there were 18,434 complaints against solicitors in 2006/07, up just 135 on the year before.



Neil Rose