Legal complaints reform ‘a significant and positive step forward’

Legal complaints reform ‘a significant and positive step forward’

The Scottish government has launched a consultation seeking views on potential improvements to the legal complaints system, within the current legislative framework of the Legal Profession and Legal Aid (Scotland) Act 2007.

The government said there is a compelling case for the consideration of amendments to the current regulatory framework for dealing with complaints that would seek to improve the way in which the system operates.

Craig Cathcart, convener of the Law Society of Scotland’s Regulatory Committee, said: “The system for resolving complaints is one of the most important parts of any regulatory system. Yet the existing process for dealing with complaints against solicitors is simply not working as well as it should.

“The current legislation sets down overly complicated and cumbersome arrangements which can result in even simple complaints taking months to get resolved. It can mean unreasonable complaints clog up the system and delay action on genuine service or conduct issues. It can also create unnecessary costs which consumers ultimately have to pay for through legal fees. This is in nobody’s interest.

“We have worked closely with the Scottish government and Scottish Legal Complaints Commission over the last few years to identify a package of reforms to try and make the system quicker and more efficient. While they do not solve all the problems in the system, these changes offer a significant and positive step forward ahead of any primary legislation in the next term of the Scottish Parliament.

“Our hope is that, following this consultation, the Scottish government will move forward quickly so these changes can be delivered for the rapid benefit of the public and the profession.”

Neil Stevenson, chief executive of the Scottish Legal Complaints Commission said: “When a complaint is made, it’s in the best interests of both parties that it can be resolved as swiftly as possible. The legislation that governs our work creates a slow and cumbersome process that builds in delay and confusion. That is frustrating and dispiriting for complainers who want to move on, and stressful for lawyers who work under the cloud of an unresolved complaint.

“The SLCC has been working with Scottish government and the Law Society of Scotland to agree changes to the existing legislation that will help to improve the complaints process. While this is not the full reform we believe is needed, it is an opportunity to draw on more than a decade of experience of dealing with complaints to identify a package of improvements that could make the complaints process more efficient and proportionate.

“We look forward to the consultation results and hope to see the proposals being taken forward by Scottish government in the near future.”

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