Dear Kath Welton,
 
Thank you for your email (23/04) which I only received today as I was away at the weekend.
 
I am sorry to say that I was not satisfied with the answer you gave.  I have asked to follow this up here...
http://www.whatdotheyknow.com/request/significant_case_failings_defini#outgoing-19968
This includes a request for an "Internal Review" - which I hope will be help?
I also believe that you can assist me further in this quest for information.
 
The complete thread may best be followed here...
http://www.whatdotheyknow.com/request/significant_case_failings_defini
 
I paste the text from the requested follow-up below.
I guess that what I am REALLY driving at is that I find it VERY hard to believe that the OLSO cannot know the answer to these questions given:-
 
1.   Zahida Manzoor, CBE is head of BOTH the OLSO and the OLSCC and MUST know about her own targets and how BOTH her Offices assess them.
2.   The importance of the OLSO in determining the performance as measured by the OLSCC - BOTH her Offices must SURELY be aware and be APPLYING the definition (whatever it is) on a daily basis.
3.   Until we have this definition the SECOND question cannot be answered or addressed - as stated, it would be EXTREMELY worrying if "Significant Failings" don't EVEN make it into the published statistics... and if they DO, where are they and HOW do we identify them?
 
I feel sure you can see my difficulty.
If you do not know the answer yourself then I feel CERTAIN that you can find out for me without too much difficulty.
I thank you in advance for your efforts and offer the following (simple) suggestion...
Why not simply forward this email and ask Ms. Manzoor to answer?
I know she must be busy, but a response from Ms. Manzoor herself (Both the LSO and the LSCC) would send a very clear message that the OLSO and the OLSCC are Offices we can ALL be proud of... "two birds with one stone" and a very sensible use of public funds, perhaps?
 
I look forward to hearing from you.
 
Kind Regards,
Spenser Poultney

Spenser Poultney

27 April 2009

Dear Sir or Madam,

I have today received a response from Kath Welton, the Corporate
Services Manager of the OLSO. It is pasted below after the "=====".
It is clearly an unsatisfactory answer.

Please state which of the following are true:-

1. The Legal Services Ombudsman is the SAME person as the Legal
Services Complaints Commissioner.

2. Ms. Manzoor in her role as LSCC is responsible for the setting
the targets which included the target of "No significant case
failings"

3. Ms. Manzoor MUST be able to answer the questions.

4. The OLSCC relies (to a large extent) on the findings of the OLSO
in assessing these targets.

5. The OLSO would HAVE to know what a constitutes a "Significant
Failing" or it cannot accurately report to its OWN Head of
Organisation - information the "Head" needs in BOTH her roles

Will the OLSO therefore, PLEASE, answer the original questions,
even if you need to seek the advice of your Senior Member (Zahida
Manzoor).

Will the OLSO PLEASE also answer the following:-

Would the OLSO regard it a "Significant Failing" if the SRA were to
ignore evidence of what a prominent Law Lord termed "A most serious
disciplinary offence" and simply REFUSE to investigate complaints
against the Law Firm?

Would the OLSO regard it a "Significant Failing" if the SRA
were to claim the REASON for their refusal to investigate was that
the Law Society had dealt with matters three years BEFORE the
misconduct took place - i.e. clearly an IMPOSSIBLE claim?

I look forward to hearing from you with answers to all FOUR
questions. Many thanks.

Yours sincerely,

Spenser Poultney

----- Original Message -----
From: Legal Services Ombudsman
To: spenser@lcs-test.co.uk
Sent: Thursday, April 23, 2009 8:33 AM


Dear Mr Poultney

Thank you for your e-mail of 20 April 2009.

A definition of “no significant case failings” is not something that I can comment on. This is terminology used by the OLSCC who as you are probably aware are a totally separate office from OLSO.

In order to be as helpful as possible however, I would refer you to the Ombudsman’s Annual Reports which are available under the Office’s Publication Scheme. Hard copies can be purchased from The Stationery Office (www.tso.co.uk) or are free of charge on the OLSO website (www.olso.org).

These documents will show you, in the sections on the Law Society, statistics related to satisfaction ratings and the adverse findings of the Ombudsman. The LCS and SRA were not created until 2006 and therefore the Ombudsman’s 2007/2008 Annual Report was the first that she could report separately on the LCS and the SRA.

I trust you will find this helpful.

Yours sincerely

Kath Welton
Corporate Services Manager

[The URL for THIS email is http://www.lcs-test.co.uk/KWCSM.htm ]
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