Legal Services Act 2007

Legal Services Act 2007

2007 CHAPTER 29

Commentary on Sections

Part 6: Legal Complaints

Complaints Handling – the new system

Section 128: Parties

339. This section sets out further conditions as to the parties to a complaint to be handled by the ombudsman scheme. Section 128(1) defines the respondent as an authorised person in relation to a reserved legal activity; but it does not matter if the matter being complained about relates to a reserved legal activity or not. Section 128(2) to 128(4) set out the conditions for a complainant to be eligible. The first condition (section 128(3)) is that the complainant is not excluded (see section 128(5)) and is either:

• an individual, or

• a person (other than an individual) described in an order made by the Lord Chancellor, pursuant to a recommendation under section 130.

340. In addition to this, a complainant must also show that (section 128(4)):

• the respondent provided the services being complained about to the complainant directly;

• the respondent provided the services being complained about to an authorised person who procured them on the complainant’s behalf (for example, where a solicitor instructs counsel);

• the respondent provided the services being complained about in their capacity as a personal representative or trustee and the complainant is the beneficiary of the property or trust;

• the respondent provided the services being complained about to a person acting on behalf of the complainant as their personal representative or trustee and the complainant is the beneficiary of the property or trust; or

• the complainant meets such other conditions as set out in an order made by the Lord Chancellor pursuant to a recommendation under section 130.

341. Under section 128(5), a complainant is excluded from the ombudsman scheme if:

• the complainant is an authorised person in relation to a reserved legal activity, and procured the services to which the complaint relates on behalf of another person, (so that, for example, a solicitor who instructs counsel on behalf of a client may not complain about counsel),

• the complainant is a public body (defined in section 128(7)), or

• the complainant falls within an order made by the Lord Chancellor pursuant to a recommendation made under section 130.