johncons

Stikkord: Legal Services Ombudsman

  • E-mail from the Ministry of Justice, 25/4/08.

    From: Ryan.Holmes@justice.gsi.gov.uk Holmes, Ryan
    To: eribsskog@gmail.com
    Date: Fri, 25 Apr 2008 14:30:07 +0100
    Subject: Our ref: TO08/2153

    Dear Mr Ribsskog

    Thank you for your email reply of 7 April, in which you request further advice on ways to proceed forward with your complaint against the Legal Services Ombudsman (LSO). To assist you with your concerns, I shall set out the avenues of legal assistance available to you that acknowledge your specific financial concerns.

    Firstly, while I understand you have already been in contact with the Citizen’s Advice Bureau (CAB), you may also wish to consider contacting your local Law Centre. Contact details for your local Law Centre can be found via the Law Centres Federation on 0207 428 4401, or by accessing their website www.lawcentres.org.uk. You may also find it helpful to access the Community Legal Services Direct website for information on providers of legal advice at www.clsdirect.org.uk. Alternatively, you may choose to contact Community Legal Advice for free confidential help regarding your legal queries on 0845 345 4345.

    Secondly, it may be worth investigating the possibility of a Conditional Fee Agreement (CFA). This allows a solicitor to accept a case on a ‘no won, no fee’ basis, under which they receive a fee from you only if the case is won. It is worth pointing that the solicitor’s standard fees can be increased by up to 100% to reflect the degree of risk to the solicitor in taking the case on (the ‘success fee’). However, should you lose your case, you may still be liable to pay the successful party’s costs, as well as expert witness fees and other disbursements. There are insurance schemes that, for a premium, provide cover for these items. As part of the implementation of the Access to Justice Act 1999, we have made it possible for the successful side to recover their lawyer’s success fee and insurance premium form the loser. Effectively, this has made the operation of conditional fees fairer and more attractive to clients.

    Thirdly, some solicitors may be prepared to take on your case on a pro bono agreement (i.e. provide you with a free service). You can contact the Law Society who can provide you with a list of solicitors that may provide pro bono services. The Law Society is the regulatory body for solicitors in England and Wales and you can write to them at the following address:

    The Law Society
    113 Chancery Lane
    London
    WC2A 1SX
    Tel: 0870 606 2555.

    Alternatively, you can access the Law Society’s website at www.solicitors-online.com.

    I do hope that you find this information useful.

    Yours sincerely

    Ryan Holmes
    Legal Services Regulation and Redress Division

    This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

    This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

    This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

    The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Number 2007/11/0032.) On leaving the GSi this email was certified virus free.
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  • E-mail to the Ministry of Justice, 7/8/08.

    From: eribsskog@gmail.com Erik Ribsskog
    To: Ryan.Holmes@justice.gsi.gov.uk Holmes, Ryan
    Date: Mon, 7 Apr 2008 16:28:40 +0100
    Subject: Re:

    Hi,

    thank you very much for your answer!

    You write that I should seek legal advice.

    But thats what these problems are about.

    That there has been problems, surrounding that I have been trying to get
    legal advice.

    I’m really a refugee, from Norway, I think I must say, so I haven’t got that
    much fonds.

    So I can’t finance a court-case myself, so I try to get help through the
    legal aid program
    etc., since I was sent by the Police to the CAB, to bring the harassment at
    work-case up
    for the Crowns Court, like they said.

    But then all the problems started, that led me to the Ministry of Justice,
    in the way explained
    in the earlier correspondence.

    So I’m not really sure how I should go forward, regarding bringing this up
    in the legal-system,
    since I haven’t really managed to get any help from this system.

    But maybe I should try once more, with this case.

    I was just wondering if you have any advice on how you think I should go
    forward with this, when
    I’m a refugee from Norway, and haven’t got that much fonds.

    Thank you very much in advance for any advice!

    Yours sincerely,

    Erik Ribsskog

    On 4/7/08, Holmes, Ryan wrote:
    >
    > Dear Mr Ribsskog
    >
    > Thank you for your email of 19 March, addressed to the Ministry of
    > Justice, regarding making a complaint against the Legal Services Ombudsman
    > (LSO). The letter has been forwarded to the Legal Services Regulation and
    > Redress Division as we are responsible for the policy relating to this
    > matter.
    >
    > While I am sorry to hear of the difficulties you have experienced, I
    > should explain from the outset that the legal profession is both independent
    > and self-regulating and therefore, neither Ministers nor their officials are
    > able to intervene in, or comment on individual cases.
    >
    > Similarly, the Legal Services Ombudsman (LSO) is independent of both the
    > legal profession and the Government and, in order to preserve that
    > independence, Ministers and officials are not able to comment on, intervene
    > in, or vary her conclusions. However, with regard to your query about the
    > complaints procedure of the LSO, if you do have a complaint about the
    > service that the Ombudsman provides – for example, they failed to reply to
    > your correspondence or did not answer your telephone calls – you should
    > write to their Corporate Services Manager. She will investigate your
    > complaint, and provide you with a response within ten working days.
    > However, the Corporate Services Manager has no authority to review decisions
    > taken by the Ombudsman. If you have a complaint about the Ombudsman’s
    > report, you should address your concerns to the Ombudsman.
    >
    > If you wish to complain about the service you have received from the LSO
    > (but not the decision – see below) you must contact your MP who will decide
    > whether to pass the complaint on to the Parliamentary and Health Services
    > Ombudsman (PHSP). The PHSO can look at the service you have received and,
    > if it finds any evidence of poor service, can take action to put the matter
    > right. There is usually a twelve month limit, from the time you were aware
    > that there was a reason to complain, upon this kind of complaint. The
    > Ombudsman’s powers and responsibilities are set out in an Act of Parliament
    > (the Parliamentary Commissioner Act 1967) which says that complaints must be
    > sent to them through Members of Parliament.
    >
    > There is no appeal against the LSO’s decision. However, the LSO’s
    > decisions, like the decisions of other public authorities, are open to
    > judicial review and you may consider taking your case to the High Court in
    > order to have a judicial review of the LSO’s decision. It is important to
    > bear in mind that judicial review is not an appeal procedure and is not
    > generally concerned with the merits of the decision. Instead, it examines
    > whether the decision reached by a public body was done in a lawful manner.
    > Therefore, I would recommend that you seek independent legal advice should
    > you wish to pursue this course of action.
    >
    > Additionally, you may be interested to know that the Government has
    > brought forward legislation to overhaul the regulatory structure of legal
    > services in England and Wales. The Legal Services Act 2007 provides for the
    > creation of the Legal Services Board (the Board), a single oversight body,
    > independent of both the Government and the legal professions. It will be a
    > publicly accountable body with the power to enforce high standards in the
    > legal sector, replacing the current maze of regulators with overlapping
    > responsibilities. Its Chair and the majority of its members will be lay
    > persons.
    >
    > The Act will also establish a single and fully independent Office for
    > Legal Complaints (OLC). Its Chair and the Majority of its members will also
    > be lay. The OLC will administer an ombudsman scheme providing a single
    > point of entry for consistent handling of all consumer complaints about
    > providers of regulated legal services. This will replace the current system
    > whereby complaints against the different types of legal professionals are
    > handled by their own representative bodies.
    >
    > I am sorry that I cannot be of more assistance, although I do hope that
    > this information is of some use to you.
    >
    > Yours sincerely,
    >
    > *Ryan Holmes*
    >
    > *Legal Services Regulation and Redress Division*
    >
    > This e-mail (and any attachment) is intended only for the attention of the
    > addressee(s). Its unauthorised use, disclosure, storage or copying is not
    > permitted. If you are not the intended recipient, please destroy all copies
    > and inform the sender by return e-mail.
    >
    > Internet e-mail is not a secure medium. Any reply to this message could be
    > intercepted and read by someone else. Please bear that in mind when deciding
    > whether to send material in response to this message by e-mail.
    >
    > This e-mail (whether you are the sender or the recipient) may be
    > monitored, recorded and retained by the Ministry of Justice. E-mail
    > monitoring / blocking software may be used, and e-mail content may be read
    > at any time. You have a responsibility to ensure laws are not broken when
    > composing or forwarding e-mails and their contents.
    > The original of this email was scanned for viruses by the Government
    > Secure Intranet virus scanning service supplied by Cable&Wireless in
    > partnership with MessageLabs. (CCTM Certificate Number 2007/11/0032.) On
    > leaving the GSi this email was certified virus free.
    > Communications via the GSi may be automatically logged, monitored and/or
    > recorded for legal purposes.
    >
    >

  • E-mail from the Ministry of Justice, 7/4/08.

    From: Ryan.Holmes@justice.gsi.gov.uk Holmes, Ryan
    To: eribsskog@gmail.com
    Date: Mon, 7 Apr 2008 16:09:19 +0100
    Subject:

    Dear Mr Ribsskog

    Thank you for your email of 19 March, addressed to the Ministry of Justice, regarding making a complaint against the Legal Services Ombudsman (LSO). The letter has been forwarded to the Legal Services Regulation and Redress Division as we are responsible for the policy relating to this matter.

    While I am sorry to hear of the difficulties you have experienced, I should explain from the outset that the legal profession is both independent and self-regulating and therefore, neither Ministers nor their officials are able to intervene in, or comment on individual cases.

    Similarly, the Legal Services Ombudsman (LSO) is independent of both the legal profession and the Government and, in order to preserve that independence, Ministers and officials are not able to comment on, intervene in, or vary her conclusions. However, with regard to your query about the complaints procedure of the LSO, if you do have a complaint about the service that the Ombudsman provides – for example, they failed to reply to your correspondence or did not answer your telephone calls – you should write to their Corporate Services Manager. She will investigate your complaint, and provide you with a response within ten working days. However, the Corporate Services Manager has no authority to review decisions taken by the Ombudsman. If you have a complaint about the Ombudsman’s report, you should address your concerns to the Ombudsman.

    If you wish to complain about the service you have received from the LSO (but not the decision – see below) you must contact your MP who will decide whether to pass the complaint on to the Parliamentary and Health Services Ombudsman (PHSP). The PHSO can look at the service you have received and, if it finds any evidence of poor service, can take action to put the matter right. There is usually a twelve month limit, from the time you were aware that there was a reason to complain, upon this kind of complaint. The Ombudsman’s powers and responsibilities are set out in an Act of Parliament (the Parliamentary Commissioner Act 1967) which says that complaints must be sent to them through Members of Parliament.

    There is no appeal against the LSO’s decision. However, the LSO’s decisions, like the decisions of other public authorities, are open to judicial review and you may consider taking your case to the High Court in order to have a judicial review of the LSO’s decision. It is important to bear in mind that judicial review is not an appeal procedure and is not generally concerned with the merits of the decision. Instead, it examines whether the decision reached by a public body was done in a lawful manner. Therefore, I would recommend that you seek independent legal advice should you wish to pursue this course of action.

    Additionally, you may be interested to know that the Government has brought forward legislation to overhaul the regulatory structure of legal services in England and Wales. The Legal Services Act 2007 provides for the creation of the Legal Services Board (the Board), a single oversight body, independent of both the Government and the legal professions. It will be a publicly accountable body with the power to enforce high standards in the legal sector, replacing the current maze of regulators with overlapping responsibilities. Its Chair and the majority of its members will be lay persons.

    The Act will also establish a single and fully independent Office for Legal Complaints (OLC). Its Chair and the Majority of its members will also be lay. The OLC will administer an ombudsman scheme providing a single point of entry for consistent handling of all consumer complaints about providers of regulated legal services. This will replace the current system whereby complaints against the different types of legal professionals are handled by their own representative bodies.

    I am sorry that I cannot be of more assistance, although I do hope that this information is of some use to you.

    Yours sincerely,

    Ryan Holmes
    Legal Services Regulation and Redress Division

    This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

    This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

    This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

    The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Number 2007/11/0032.) On leaving the GSi this email was certified virus free.
    Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

  • LSO.

    LSO.

    E-mail to the LSO, 28/2.

  • E-mail to the LSO, 28/2.

    To Mrs. Wilton, Corporate Services Manager
    28 February 2008
    16:59
    Subject
    To Mrs. Wilton, Corporate Services Manager
    From
    Erik Ribsskog
    To
    Legal Services Ombudsman
    Sent
    28 February 2008 16:37

    Hi,

    I’m refering to your letter, from 27/2, with the reference 40080, which I recieved today.

    I’m sorry I’m not sending a letter back, since I’ve run out of ink for the printer, so sorry about this!

    You want me to provide evidence why I suspect there could be some corruption involved regarding
    LSO’s processing on my complaint with references 39651 and 40800 on the Law Society.

    I haven’t got any spesific evidence on that there is corruption.
    But I’ll try again to explain why I suspect this.
    The Law Society, made a lot of mistakes, regarding the complaints 39651 and 40800, and I your
    investigation, more or less, freed the Law Society.
    This is why I suspect there could have been corruption involved.

    Since you, more or less, free the Law Society, even if I think they made a lot of mistakes.
    So whay I wanted, with my enquiery to you, was for you to have a look at the files, and check
    if you are agreeing with me, if you think there could be some corruption of some kind involved
    in your investigation.

    I’m going to have a closer look, in detail, at the LSO reports, when I have some days off work
    in a couple of weeks, and then I’m going to contact you again, with a more specific
    explanation.
    Sorry that I didn’t have the time to look at the reports in detail today!

    And sorry about that I send an e-mail and not a letter again!

    Hope this is alright!

    Yours sincerely,
    Erik Ribsskog

  • Letter from the LSO, 27/2.

    Letter from the LSO, 27/2.

  • E-mail to the LSO, 26/2.

    Re: To Mrs. Wilton, Corporate Services Manager, Complaint.
    26 February 2008
    14:50
    Subject
    Re: To Mrs. Wilton, Corporate Services Manager, Complaint.
    From
    Erik Ribsskog
    To
    Legal Services Ombudsman
    Cc
    general.queries@justice.gsi.gov.uk
    Sent
    26 February 2008 14:42

    Hi,

    thank you for your answer!

    I was told, when I called the LSO, on Friday, that Mrs. Wilton, Corporate Services Manager, was
    the one who dealt with complaints on representatives in your organisation.
    So I was just wondering how it is, that it isn’t the Corporate Services Manager who is answering
    the e-mail.

    And also I was wondering what your organisation is going to do regarding the complaint.

    I’ll also send a copy of this e-mail to the Ministry of Justice again, since you informed me that
    one couldn’t appeal on an LSO report to the LSO, but that one had to contact the Ministy of
    Justice.

    So I’m sending them a copy of this e-mail, since I started updating them on 22/2.

    Hope this is alright, and thank you very much in advance for your answer!

    Yours sincerely,
    Erik Ribsskog

    On 2/26/08, Legal Services Ombudsman <LSO@olso.gsi.gov.uk> wrote:
    Our Reference: 39651 & 40080
    Dear Mr Ribsskog
    I acknowledge receipt of your e-mail received 25 February 2008.
    Yours Sincerely
    Gavin Brown
    Operations Manager
    Office of The Legal Services Ombudsman
    Tel: 0161 839 7262
    Fax: 0161 832 5446
    This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.
    Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail.
    This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.
    The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Number 2007/11/0032.) On leaving the GSi this email was certified virus free.
    Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.