Legal Services Ombudsman Act 2009
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Power to issue directions or make recommendations following investigation. |
28.— (1) On completing an investigation of a complaint under section 21 (1), the Legal Services Ombudsman may, by a statement in writing— | |
(a) if satisfied that the Barristers’ Professional Conduct Tribunal— | ||
(i) has failed to commence within a reasonable time an investigation of the related complaint under the Disciplinary Code, | ||
(ii) has failed to complete within a reasonable time an investigation of the related complaint under the Disciplinary Code, | ||
(iii) has not adequately investigated the related complaint, | ||
direct the Tribunal to— | ||
(I) if subparagraph (i) is applicable, commence, under the Disciplinary Code, an investigation of the related complaint, | ||
(II) if subparagraph (ii) is applicable, complete, within a reasonable time from being given that direction, an investigation of the related complaint under the Disciplinary Code, | ||
(III) if subparagraph (iii) is applicable, re-investigate, in accordance with the Disciplinary Code, the related complaint, | ||
(b) in the case of an appeal against a decision of the Barristers’ Professional Conduct Tribunal in respect of a relevant complaint, if satisfied that the Professional Conduct Appeals Board— | ||
(i) has failed to commence within a reasonable time the hearing of the appeal, or | ||
(ii) has failed to complete within a reasonable time the hearing of the appeal, | ||
direct the Board to— | ||
(I) if subparagraph (i) is applicable, commence, under the Disciplinary Code, the hearing of the appeal, | ||
(II) if subparagraph (ii) is applicable, complete, within a reasonable time from being given that direction, the hearing of the appeal, | ||
or | ||
(c) recommend to the Bar Council that it take any other action, which the Ombudsman may specify, in relation to the barrister concerned under the Disciplinary Code. | ||
(2) On completing an investigation of a complaint under section 21 (2), the Legal Services Ombudsman may, by a statement in writing— | ||
(a) if satisfied that the Law Society— | ||
(i) has failed to commence within a reasonable time an investigation of the related complaint under section 8 (as amended by section 39 of the Civil Law (Miscellaneous Provisions) Act 2008 ) or 9 of the Solicitors (Amendment) Act 1994 , | ||
(ii) has failed to commence within a reasonable time an investigation of the related complaint of misconduct, | ||
(iii) has failed to complete within a reasonable time an investigation of the related complaint under section 8 (as amended by section 39 of the Civil Law (Miscellaneous Provisions) Act 2008 ) or 9 of the Solicitors (Amendment) Act 1994 , | ||
(iv) has failed to complete within a reasonable time an investigation of the related complaint of misconduct, | ||
(v) has not adequately investigated the related complaint under section 8 (as amended by section 39 of the Civil Law (Miscellaneous Provisions) Act 2008 ) or 9 of the Solicitors (Amendment) Act 1994 , | ||
(vi) has not adequately investigated the related complaint of misconduct, | ||
direct the Law Society to— | ||
(I) if subparagraph (i) or (ii) is applicable, commence an investigation of the related complaint, | ||
(II) if subparagraph (iii) or (iv) is applicable, complete, within a reasonable time from being given the direction, an investigation of the related complaint, | ||
(III) if subparagraph (v) or (vi) is applicable, re-investigate the related complaint, | ||
or | ||
(b) direct the Law Society to make application to the Solicitors Disciplinary Tribunal for an inquiry into the conduct of the solicitor concerned on the ground of alleged misconduct under section 7 (inserted by section 17 of the Solicitors (Amendment) Act 1994 ) of the Solicitors (Amendment) Act 1960 , or | ||
(c) recommend to the Law Society that it take any other action, which the Ombudsman may specify, in relation to the solicitor concerned pursuant to the Law Society’s powers under the Solicitors Acts 1954 to 2008. | ||
(3) On completing an investigation of a complaint under section 21 (3) concerning a decision of the Law Society, the Legal Services Ombudsman may, by a statement in writing— | ||
(a) if the decision by the Law Society relates to a refusal to make a grant out of the Compensation Fund, recommend to the Law Society that it exercise such discretion as it has under section 21 (inserted by section 29 of the Solicitors (Amendment) Act 1994 ) of the Solicitors (Amendment) Act 1960 to make a grant to the complainant, | ||
(b) if the decision by the Law Society relates to the amount of a grant made to the complainant, recommend to the Law Society that, subject to the said section 21, the amount of the grant be increased, or | ||
(c) if the decision by the Law Society relates to the method of payment of a grant made to the complainant, make such recommendation to the Law Society as the Ombudsman considers appropriate. | ||
(4) The Law Society shall have all such powers as are necessary to implement a recommendation under subsection (3). | ||
(5) The Legal Services Ombudsman may request the professional body concerned to make observations or specify measures to be taken, within a period specified by the Ombudsman, in relation to a direction given or recommendation made under this section. | ||
(6) Where it appears to the Legal Services Ombudsman that measures taken or proposed to be taken in relation to a direction given or a recommendation made under this section are not satisfactory, the Ombudsman may cause a special report on the case to be included in a report under section 14 . |