Scottish Legal Services Ombudsman
Encyclopedia
The Scottish Legal Services Ombudsman is a non-departmental public body
in Scotland
appointed by the Scottish Ministers
responsible for overseeing the internal complaints procedures of the Faculty of Advocates
and the Law Society of Scotland
but with considerable constraints on their investigatory remit.
The legal profession in Scotland is essentially self-regulating with solicitor
s licensed by, members of, and responsible to the Law Society of Scotland, with Advocate
s having the same relationship with the Faculty of Advocates. The Ombudsman is theoretically independent from the legal professions and the Scottish Executive; (but see below) the Ombudsman's findings and recommendations are not reviewed by Scottish Ministers or the Scottish Executive.
All criminal activities of Scottish lawyers are handled by the Crown Office and Procurator Fiscal Service
, the public prosecution service for Scotland headed by the Lord Advocate
.
The organisation Scotland Against Crooked Lawyers
does not believe the current system provides for sufficient independent scrutiny of the legal profession. The concerns however are held more broadly than this. Some observers fear the Ombudsman has shown repeated bias in favour of the legal establishment when considering complaints, and there are growing calls for an independent review to be held of some of these opinions.
Though supposedly independent, the Ombudsman is in fact overseen by a committee of senior representatives from various areas of the Scottish legal establishment. This would appear to completely defeat the purpose of the service; a trait sadly all too common in Scottish legal affairs.
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
appointed by the Scottish Ministers
Scottish Executive
The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive remains its legal name under the Scotland Act 1998...
responsible for overseeing the internal complaints procedures of the Faculty of Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
and the Law Society of Scotland
Law Society of Scotland
The Law Society of Scotland is the professional governing body for Scottish solicitors.It promotes excellence among solicitors through representation, support and regulation of its members. It also promotes the interests of the public in relation to the profession...
but with considerable constraints on their investigatory remit.
The legal profession in Scotland is essentially self-regulating with solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s licensed by, members of, and responsible to the Law Society of Scotland, with Advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
s having the same relationship with the Faculty of Advocates. The Ombudsman is theoretically independent from the legal professions and the Scottish Executive; (but see below) the Ombudsman's findings and recommendations are not reviewed by Scottish Ministers or the Scottish Executive.
All criminal activities of Scottish lawyers are handled by the Crown Office and Procurator Fiscal Service
Crown Office and Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service provides the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution,...
, the public prosecution service for Scotland headed by the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
.
The organisation Scotland Against Crooked Lawyers
Scotland Against Crooked Lawyers
Scotland Against Crooked Lawyers is a pressure group, registered as a political party, dedicated to exposing alleged corruption within the Scottish legal profession, Court System and the Scottish Government. Their stated main aim is to end the system of self-regulation for solicitors in Scotland...
does not believe the current system provides for sufficient independent scrutiny of the legal profession. The concerns however are held more broadly than this. Some observers fear the Ombudsman has shown repeated bias in favour of the legal establishment when considering complaints, and there are growing calls for an independent review to be held of some of these opinions.
Though supposedly independent, the Ombudsman is in fact overseen by a committee of senior representatives from various areas of the Scottish legal establishment. This would appear to completely defeat the purpose of the service; a trait sadly all too common in Scottish legal affairs.
Decisions
The Ombudsman decides:- if the professional body has given each complaint proper attention;
- if it has taken appropriate action on the basis of a fair and thorough examination of all the evidence;
- if it has acted reasonably, impartially and effectively.