Legal Services Ombudsman Act 2009
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Review of procedures of Bar Council and Law Society for dealing with complaints. |
32.— (1) The Legal Services Ombudsman shall, with a view to making recommendations under subsection (4), keep under review the procedures of the Bar Council and of the Law Society for receiving and investigating complaints in relation to barristers and solicitors respectively. | |
(2) In carrying out a review under this section, the Legal Services Ombudsman shall examine— | ||
(a) the procedures concerned, | ||
(b) the compliance of barristers and solicitors with the procedures concerned, | ||
(c) such complaints made to the professional body concerned as he or she considers appropriate, | ||
(d) the effectiveness of the procedures concerned and the length of time taken to complete investigations and make determinations, | ||
(e) complaints relating to such matters as the Ombudsman considers appropriate, and | ||
(f) statistical information provided by the professional body concerned including statistical information relating to multiple complaints in relation to the same barristers or solicitors, as the case may be. | ||
(3) For the purpose of a review under this section, the Legal Services Ombudsman shall consult with such persons or bodies, including those whose purpose or objective is to protect the rights and interests of consumers, as he or she considers appropriate. | ||
(4) The Legal Services Ombudsman may make such written recommendations to the professional body concerned as the Ombudsman considers appropriate arising from the review under this section for the purpose of improving— | ||
(a) the procedures of the professional body concerned relating to the receipt or investigation of complaints, | ||
(b) procedures to deal effectively with persistent patterns of complaints, | ||
(c) procedures to deal effectively with any delays by the professional body concerned in investigating and determining complaints, or | ||
(d) procedures to ensure the co-operation of barristers or solicitors, as the case may be, with the procedures of the professional body concerned. | ||
(5) Not later than 30 days after receiving a recommendation made under subsection (4), the professional body concerned shall— | ||
(a) inform the Legal Services Ombudsman of the action it proposes to take to implement that recommendation, or | ||
(b) if it objects to the recommendation, inform the Legal Services Ombudsman of the reasons for such objection and any other observations it may have on the recommendation. | ||
(6) If not satisfied with the response received from the professional body concerned under subsection (5), the Legal Services Ombudsman may direct it to implement the recommendation made under subsection (4) or such amended recommendation as the Ombudsman may make having regard to such response. | ||
(7) Following a complaint or on his or her own initiative, the Legal Services Ombudsman may, if he or she considers it appropriate, direct the professional body concerned to establish procedures in relation to the receipt or investigation of complaints of a particular class or classes. | ||
(8) On application by the chairman of the Bar Council or by the Law Society, the High Court may, if it considers it appropriate, revoke or vary a direction given by the Legal Services Ombudsman under subsection (7) where it considers that the direction is oppressive, unreasonable or unnecessary or it may confirm the direction. | ||
(9) The Legal Services Ombudsman shall include a report on the performance of his or her functions under this section in the annual report submitted to the Minister under section 14 . |