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Legal Services Bill [HL]

moved AmendmentNo. 396: 396: Clause 155, page 80, line 26, leave out ““offices”” and insert ““office”” The noble Lord said: My Lords, there is a weakness in the Bill in respect of the power of the claimant or respondent to review decisions made by either the OLC or the approved regulator. The Bill allows only for judicial review. That is costly and, in many cases, would prohibit or prevent any review taking place. In addition, because complaints can contain elements relating to the service or misconduct or negligence, a complaint will have a determination of all matters by the OLC ombudsman. At the same time, before or after that decision, a further decision may be made by the approved regulator of the elements of misconduct and/or negligence. Those decisions could be at odds with each other and result in two judgments being made against the respondent which would bring about a double jeopardy. There is a further problem: the ombudsman could award redress of up to £20,000 for misconduct or negligence and the approved regulator may not find that there has been a breach of its rules. As such, the respondent ought to have the power to have the ombudsman’s decision reviewed other than by means of a judicial review. The amendment was therefore tabled to provide an independent avenue for review of decisions taken by either the ombudsman or the approved regulator. I hope that the amendment is self-evidently sensible and that the Government will accept it. I beg to move.