The SRA has flexed its new sanctions muscle for the first time by fining a solicitor £15,000 for misconduct.

But concerns remain about the amount of information provided as the regulator exerts its enhanced powers. The decision notice amounts to just a few sentences giving little detail of its findings.

According to the notice published last week, the SRA issued Gordon Kemp, a solicitor and manager with Bridgend firm Anthony & Jarvie, with the fine after finding that he acted for three clients who were the subject of protection deputyship orders, but failed to attend to or properly manage their financial affairs or protect their money or assets.

In doing so, he breached the principles of acting in the best interests of each client, providing a proper standard of service, and protecting client money and assets. No further information or background was provided.

This is understood to be the first time the SRA has exercised its new powers to fine solicitors up to £25,000, having previously been restricted to issuing a maximum fine of £2,000. Kemp, a solicitor since 1977, was also ordered to pay £1,725 in costs.

The notice provided no details about: the SRA investigation, who reported the matter to the regulator, the nature of Kemp’s conduct, the effect on clients, and whether there was any mitigation offered. It is also not clear who made the finding and decision on sanction, nor how that decision was reached. By comparison, the Solicitors Disciplinary Tribunal, which would previously have handled such a case, would routinely provide all this information.

The Gazette has asked the SRA whether it intends to provide any more details or context but has yet to receive anything further.

The regulator increased its fining powers earlier this year as part of efforts to resolve cases as quickly and effectively as possible, and to reduce stress and costs for all those involved. When the change was made the SRA said it recognised that higher powers brought the need for greater accountability, and it began a consultation on how to be open and fair in its decision-making.

The SRA has already pledged that all fines of more than £2,000 will be approved by senior staff and that information about who makes which decisions will be published in an accessible format.

 

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