Going to the ombudsman

Of those who took their complaint further, 84% went to the Scottish Legal Services Ombudsman. (Table 39)

Table 39

Did you take your complaint to the

Scottish Legal Services Ombudsman? N %

Yes 95 84.1 No 18 15.9 TOTAL 113 100

Note: The figures shown in Table 39 refer only to those who took their complaint further.

We asked those who took their complaint to the ombudsman whether they did so because they were unhappy with the outcome of their complaint, because they were unhappy with the way the Law Society had handled the complaint, because the Law Society was unwilling to investigate the complaint, or for any other reason.

Many respondents gave more than one answer to this question. A high proportion (67%) said that they took their complaint to the ombudsman because they were unhappy with the outcome, and just over half (54%) said that it was because they were unhappy with the way their complaint had been handled by the Law Society. (Table 40)

One in ten of those who took their complaint to the ombudsman said that they had done so because the Law Society was unwilling to investigate their complaint. The reasons for this refusal can only be speculated upon.

It is possible, for example, that in some cases the complaint was time-barred, as complaints must generally be made within five years of the actings complained about.

Table 40

Why did you take your complaint to the Ombudsman? N %

I was unhappy with the outcome of my complaint 64 67.4 I was unhappy with the way the Law Society handled my complaint 51 53.7 The Law Society was unwilling to investigate my complaint 9 9.5 Other* 10 10.5

* ‘Other’ included:- the Law Society did not provide any evidence as to their conclusion, the Law Society corrupted the complaint, the Law Society overlooked several key issues.

Note: The figures shown in Table 40 refer only to those who took their case to the Scottish Legal Services Ombudsman.

We asked respondents what happened after they took their complaint to the ombudsman. 30% replied that the ombudsman considered their complaint and referred it back to the Law Society recommending further action. One-quarter said that no further action was recommended. It is important to note that one third (32%) of the respondents answered ‘other’.

Most of these stated that the ombudsman was still considering their case.

(Table 41)

Table 41

What happened after you took your complaint to the Ombudsman? N %

The Ombudsman considered my complaint and referred it back

recommending further action 28 29.5 The Ombudsman considered my complaint, but no further action

was recommended 24 25.3 Other* 30 31.6

NO RESPONSE 13 13.7 TOTAL 95 100

* ‘Other’ - Most (23) stated that the ombudsman was still considering their case. Other responses included “dropped the complaint”, “fobbed off”.

Note: The figures shown in Table 41 refer only to those who took their case to the Scottish Legal Services Ombudsman.

We asked those whose complaint had not been upheld by the ombudsman, whether they had been given a satisfactory explanation.

An overwhelming majority (85%) said that they had not been given a satisfactory explanation. (Table 42)

Table 42

If your complaint was not upheld, were you given a satisfactory

explanation? N %

Yes 4 15.4 No 22 84.6

TOTAL 26 100

Note: The figures shown in Table 42 refer only to those who took their case to the Scottish Legal Services Ombudsman

Note: The total figure of 26 comprises the 24 respondents who said the ombudsman recommended no further action, and 2 who answered “other”. (Table 41)

When the ombudsman has investigated a complaint, he sends his opinion to the complainer, to the solicitor, and the Law Society. However, it is clear from these figures that of those whose complaint was not upheld, the majority did not consider this opinion to provide a satisfactory explanation.

While the information leaflet produced by the current ombudsman emphasises that he is not the ‘consumer champion’, it is of some concern that so many complainers appear to feel that they have not been given a clear and sufficient explanation for his decision.

We asked respondents whether they were satisfied with the ombudsman’s decision. Two-thirds of those who answered this question (65%) said that they were not satisfied with the ombudsman’s decision, while 35% said they were satisfied.

It should be noted, however, that almost half (46%) of those who had taken their complaint to the ombudsman did not respond to this question.

(Table 43)

Table 43

Were you satisfied with the Ombudsman’s decision? N %

Yes 18 18.9 No 33 34.7

NO RESPONSE 44 46.3 TOTAL 95 100

Note: The figures shown in Table 43 refer only to those who took their case to the Scottish Legal Services Ombudsman.

We asked those who took their complaint to the ombudsman if they had taken it any further. Of those who responded to this question, 39% said that they had taken it further. This compares with 65% of those answering who said that they were not satisified with the ombudsman’s decision. Again, it should be noted that 36% of respondents did not answer this question. (Table 44)

We asked those who took their complaint further what they had done.

One

replied:-“Went to local MP to see if we could get a lawyer to take the case on a ‘no win, no fee’ basis.”

Table 44

Did you at this stage take your complaint to anyone else? N %

Yes 24 25.3 No 37 38.9

NO RESPONSE 34 35.8 TOTAL 95 100

Note: The figures shown in Table 44 refer only to those who took their case to the Scottish Legal Services Ombudsman.

We then asked everyone in the sample if they knew what the role of the ombudsman is. (Table 45) Only 27% correctly said that the ombudsman examines peoples’ complaints about how the Law Society handles complaints against solicitors. Almost one-fifth (19%) of respondents said they did not know what the ombudsman does, while a further 19% thought that the ombudsman had the power to impose a decision on the Law Society. Some people stated that they had never heard of the ombudsman before, while others said that they did not know how to contact the ombudsman.

Table 45

Which of the following statements best describes what

you think the Ombudsman does? N %

Examines peoples’ complaints about how the Law Society handles

complaints against solicitors and makes recommendations 110 26.5 Don’t know 79 19.0 Examines peoples’ complaints about how the Law Society handles

complaints against solicitors and imposes a decision 77 18.6 Handles complaints from members of the public about how solicitors

deal with their cases 38 9.2

NO RESPONSE 111 26.7 TOTAL 415 100