By Neil Rose


The leaders of the solicitors' profession hit back at the Legal Services Ombudsman (LSO) this week after she branded the Legal Complaints Service's (LCS) performance as 'still well short of where a modern, customer-focused organisation should be'.



In her annual report, Zahida Manzoor also called on the LCS to start investigating complaints about solicitors' negligence.



In the year to 31 March 2007, the LSO investigated 1,680 cases referred by people unhappy with how the LCS handled their complaints. There was a small increase to 68% in the percentage of cases with which she was satisfied with the LCS's work (compared to 84% for the Bar Standards Board (BSB) in 166 cases).



She found a 'marked improvement' in the LCS's ability to look at all the evidence and reach a reasonable conclusion. However, 'there had been no improvement in its ability to consider all the issues and a decrease in its ability to give a reasonable and good explanation'. Ms Manzoor also identified 'a dramatic increase in avoidable delay'.



She recommended that the LCS pay compensation in 224 cases, awarding a total of £94,014 (£409 on average).



LCS chief executive Deborah Evans described the LSO's conclusions as 'disappointing and frustrating because they are mainly based on not comparing like with like when looking at the performance of the LCS and BSB'. While just 6% of complainants are dissatisfied enough with the LCS to go to the LSO, the figure is 32% for the BSB, she said. 'In addition, the performance of the LCS has been improving year-on-year.'



Law Society chief executive Des Hudson said: 'We are very pleased with the continued improvement in the LCS's performance in the last few years. On any objective measure, its performance now compares favourably with other complaints-handling organisations. We were pleased that the government minister recognised this substantial progression in debates on the Legal Services Bill.'



Antony Townsend, chief executive of the Solicitors Regulation Authority, added: 'We accept that further improvement is required, but point to the recent sustained improvements in complaints handling. We do not consider that the picture is as bad as implied.'



Ms Manzoor observed that the government's proposed office for legal complaints will deal with negligence cases. She wrote: 'The Law Society has not, in the past (other than in very rare straightforward cases) dealt with such cases. The Law Society has, in my view, been all too ready to direct consumers making complaints of negligence to the courts, even where they have jurisdiction to deal with such cases.



'The changes proposed by the Legal Services Bill will not be implemented for some years. I have therefore written to the Society proposing that they should be more willing to handle negligence cases.'



Ms Evans said negligence matters are 'currently outside the scope and powers of the LCS'.



See also Defining success