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Home > Publications > Speeches > Ministerial speeches > 2004 > Legal Services Complaints Commissioner office launch

Lord Falconer of Thoroton
Secretary of State for Constitutional Affairs and Lord Chancellor

Legal Services Complaints Commissioner office launch

The Royal College of Physicians

London

28 October 2004


I am delighted to be invited here today to launch the Office for the Legal Services Complaints Commissioner.

I would like to start by thanking Zahida, not only for taking on this role, but for all her hard work since she was appointed back in February. Let me also thank the LSCC staff and those who have supported Zahida during these first eight months. Together they have made a lot of headway in a very short amount of time.

Since the Department for Constitutional Affairs was formed back in June 2003 we have been working to refocus our constitution, our justice system, and our legal services, on meeting the needs of the people who use these services and that system, and depend upon them every day. We start from a simple rule: that we are there for the public - not the providers. The Department's over-riding aim is to promote better public services, services that understand and are designed to meet the needs of the people who use them. Always ensuring at any stage that justice is done.

The majority of solicitors in this country do a great job, and most people find that they serve their interests well. However, we all recognise that there are occasions when transactions go wrong. It could be something relatively simple - like a solicitor delaying sending out papers. Or a more serious professional misconduct matter - like a solicitor mishandling a client's money.

Whatever the reason for the complaint the consumer needs to know that a system exists to help them find their way through. Some people find dealing with solicitors and handling legal problems a daunting and difficult experience. They also find the complaints procedure confusing, lengthy and quite frankly hard to understand. These are issues that we need to address.

We need to show the public that we have their interests at heart. We need to show them that we are doing all we can to ensure that they get a good service from their lawyers. And we need to show them that, if things do go wrong, there are structures in place to help them. Structures that are easy to understand, timely and, above all, structures that they can have faith in.

Legal professionals uphold people's rights and protect their interests. Many people turn to them when they are at their most vulnerable. That is why it is so important that our legal services are properly regulated. People need confidence that the person they place trust in - whether to sell a house, represent them in court, or resolve family matters - is subject to an effective system of checks and balances.

Today is about demonstrating to our consumers that their needs come first. The Law Society have demonstrated a strong commitment to improving their complaint handling processes in recent months and years. I recognise the work that has already been done, particularly over the past year, to improve performance. Customer satisfaction levels have increased, and there are other areas where progress is beginning to be made.

But there is still more to be done. We need to look at the Law Society's complaint handling in the round and ensure that the wide variety of complaints they deal with - new, old, complex, straightforward - are considered as swiftly and effectively as possible. Incremental improvements to performance in certain areas are of no benefit to those who have turned to the Law Society for help in the past year, or to those who will do so in the months to come.

That is why I took the decision to appoint a Legal Services Complaints Commissioner.

The appointment was made without prejudice to the outcome of the Clementi Review. Some people argued that we should have waited for the outcome of Sir David Clementi's report into the regulation of legal services in December. But I believe that the consumer needs action now. It is my hope that the action I have taken will go a long way to remedying the current situation. And that when Sir David reports, we can build on our work, and look at what more we might do to make things better in the longer term.

I am pleased that the Law Society is already preparing for a greater separation of their representation and public interest roles. This shows good forward thinking by the Law Society and I am glad that they are making plans in readiness for the end of the review.

But it is time to grasp the nettle as far as complaint handling is concerned. The Legal Services Complaints Commissioner and the Law Society need to work closely together to make things better for the consumer. This will be the key to success.

It is not for me today to take a view on how best this can be done. There are challenges ahead. And the journey won't always be an easy one. I and officials in my Department are here to give support to the process. But that process has to be a collaborative one if it is to work.

We all share the same goal. We all want a successful outcome for the consumer. My Department is committed to doing all it can to ensure that the consumer gets the best at fairest deal from lawyers. I know Zahida is committed to ensuring that complainants get the best service from the Law Society. And I also know that the Law Society is committed to providing the best quality service it can to those complainants.

The appointment of a Legal Services Complaints Commissioner is an important step within this wider program of reform. We all want to make things better for consumers. To provide real access to justice in this country. I look forward to working with you, Zahida, and the Law Society, over the coming months to ensure that we achieve this shared goal.

I am told that the appearance behind me of the home page indicates that the LSCC's website is now open - and that a terminal is available in the corner of the room if anyone would like to explore it further.

 


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