Legal Services Bill [HL]

My Lords, by virtue of Clause 137(4), an ombudsman’s determination becomes final and binding if accepted by a complainant. This is one of the cornerstones of the new scheme that we are putting in place. It provides complainants and respondents with the certainty that they are entitled to—a clear end to the complaints process. If the amendments to allow for an independent review were accepted, an ombudsman’s determination would no longer be final, and neither complainants nor respondents would have the necessary certainty. This is not only our view, but the view of the British and Irish Ombudsman Association. As we, and it, have said, complainants do not have to accept the determination of the ombudsman. They are always free to reject that decision and to institute court proceedings. It would therefore be wrong to have an independent reviewer able to second-guess the ombudsman. As explained in Committee, we envisage that there will be several internal reviews of a complaint before it is passed to an ombudsman for a final determination. In Committee, the noble Lord, Lord Thomas of Gresford, said that the amendments arose because the Government had, "““failed to replace the position of the Legal Services Complaints Commissioner and of the Legal Services Ombudsman””.—[Official Report, 21/2/07; col. 1164.]" However, although of course the Legal Services Complaints Commissioner and the Legal Services Ombudsman fulfil a valuable role under the present system, there is no need to create these roles under the new system that we are putting in place. At present, consumers need there to be some independent oversight of the way in which the professional bodies handle complaints. This is because those consuming the services do not necessarily have confidence in a profession that is seen to be judging itself. That is not, however, the system that we are creating. The amendments assume that the ombudsman scheme will work in the same way as the current complaints handling system, and so would require an appeals mechanism to an independent person. I hope it is clear, however, that the Office for Legal Complaints and the ombudsman are independent. The chairman of the OLC is a lay person, as is the chief ombudsman. Other ombudsmen cannot be practising lawyers, and every ombudsman is explicitly required to be appointed under terms that will guarantee independence. Ombudsmen’s decisions should be final. If there were appeals, the certainty that we are seeking to create would be lost. That would not be good for consumers or the professions. We are creating a system that we hope is quick and fair and that, crucially, has a certain conclusion to the process. It is a new system, and so does not work like the current one. There is therefore no need to recreate the roles that we had before. I ask that these amendments are withdrawn.