Legal Services Ombudsman Act 2009
Investigations of complaints. |
22.— (1) Subject to subsection (4), the Legal Services Ombudsman shall investigate a complaint made to the Ombudsman in accordance with this Act. | |
(2) Notwithstanding subsections (1) to (3), and paragraph (b) or (e) of subsection (8), of section 21 , the Legal Services Ombudsman may investigate a complaint that— | ||
(a) the Barristers’ Professional Conduct Tribunal has failed to commence within a reasonable time an investigation of the related complaint under the Disciplinary Code, | ||
(b) the Barristers’ Professional Conduct Tribunal has failed to complete within a reasonable time an investigation of the related complaint under the Disciplinary Code, | ||
(c) the Barristers’ Professional Conduct Tribunal has not adequately investigated the related complaint under the Disciplinary Code, | ||
(d) in the case of an appeal against a decision of the Barristers’ Professional Conduct Tribunal in respect of a related complaint, 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, | ||
(e) the Law Society 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 , | ||
(f) the Law Society has failed to commence within a reasonable time an investigation of the related complaint of misconduct, | ||
(g) the Law Society 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 , | ||
(h) the Law Society has failed to complete within a reasonable time an investigation of the related complaint of misconduct, | ||
(i) the Law Society 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 , or | ||
(j) the Law Society has not adequately investigated the related complaint of misconduct. | ||
(3) The Legal Services Ombudsman may investigate a complaint even though the person making the complaint may be entitled to bring proceedings in any court with respect to the matter complained of. | ||
(4) The Legal Services Ombudsman may decide not to investigate a complaint, or to discontinue an investigation of a complaint, if he or she is satisfied that— | ||
(a) the complaint is frivolous or vexatious, | ||
(b) the person making the complaint, or on whose behalf the complaint is made, has an insufficient interest in the matter, or | ||
(c) the person making the complaint, or on whose behalf the complaint is made, has not taken reasonable steps to seek redress in respect of the subject matter of the complaint or, if he or she has, has not been refused redress. | ||
(5) On deciding under subsection (4) not to investigate a complaint or to discontinue an investigation of a complaint, the Legal Services Ombudsman shall notify in writing the following persons of the decision and the reason for the decision: | ||
(a) the complainant; | ||
(b) the professional body concerned; | ||
(c) in the case of a complaint under subsection (1) or (2) of section 21 , the barrister or solicitor in relation to whom the related complaint was made. | ||
(6) The Legal Services Ombudsman may also notify in writing such other person as he or she considers appropriate of his or her decision under subsection (4) and the reason for it. |