12 July 2005
Howard Stoate MP
Re: A referral to the Parliamentary Ombudsman.
As you are aware I was not satisfied with the outcome of my referral to the Parliamentary Ombudsman. For instance the Lord Chancellor told me there are a set of 'enforceable' rules which "The Information Commissioner, Mr Richard Thomas, is responsible for administering and enforcing " The Information Commissioner it appears doesn't have any power of "enforcement", he tells me; "The only action we would have been able to take would have been to require the Law Society to take steps to prevent similar contravention". So far I'm impressed with the Lord Chancellor's use of the word "enforcement", however the Information Commissioner tells me if I am not satisfied I can refer my complaint to the Parliamentary Ombudsman who tells me "I am afraid that the Ombudsman is not empowered under the 1997 Act to alter or undo an assessment made by the Information Commissioner or the Information Commissioner's Office or any action they may take in relation to that". Game Set and Match to the Law Society, they can now use the rules that suit them and ignore those that they feel will disadvantage them or any Member of the Law Society. I'm very impressed with the system that the sole aim of which seems to be to protect lawyers and disadvantage any solicitors' client who dares to complain (Please see a letter I wrote to the Legal Services Ombudsman 'Rocky the Rottweiler has been renamed Fido': - www.solicitorsfromhell.com/ZM3.htm#Fido
As you can see I have enclosed the contents of a letter I sent to Mr Clive Soley MP for Ealing Acton & Shepherds Bush that relates directly to questions asked by him and others of Ms Manzoor the Legal Services Ombudsman in Parliament and her answer(s), in particular a reply which directly concerned 'Solicitors Practice Rule 15'; "A robust approach needs to be taken to enforce, , Rule 15, which says very clearly " As you will have seen by now 'enforce, enforcing and enforcement' are words which are bandied about freely by all and sundry but when a solicitors client/complainant mentions any of these words in the contexts of any 'Rule(s)' from the CCS right through to the Parliamentary Ombudsman they appear to believe that Law Society Rules are only to be 'enforced' when it benefits members of the Law Society.
As you will probably recall Gordon Luckhurst the Senior Partner at Thos Boyd Whyte Solicitors (TBW) in Bexleyheath refused to comply with 'Solicitors Practice Rule 15' and under advice from the CCS (Consumers Complaints Service) I sent them (CCS) an official complaint. Over two years later when they (CCS) got round to investigating my complaint, which in the meantime the CCS, the Ethics Committee and TBW conspired to used the fact I had made a complaint, as advised by the CCS, to sack me (Conflict of Interests), they then refused to investigate TBW's non-compliance of 'Solicitors Practice Rule 15'. I referred my complaint to Ms Manzoor (LSO) but although I have been 'persistent' (Please see re; part of a recent letter I wrote to Ms manzoor's office: - www.solicitorsfromhell.com/ZM3.htm#persistant2) concerning 'Rule 15' the Legal Service Ombudsman also refused to see or investigate why Gordon Luckhurst refused to comply with 'Rule 15'.
As I said above the words 'enforce, enforcing and enforcement' are freely used and Ms Manzoor stated in Parliament about her intention to "enforce, , Rule 15" but I have found that 'Rule 15' is impossible to 'enforce'. I even wrote to the Chair of the Compliance Board (Rules Enforcer?) who first of all ignored me then eventually wrote and called me a "Disgruntled Complainant" and a few weeks later he 'phoned me at home during the evening in an attempt to intimidate me which Aman Virk, Manager, Quality & Service Standards, at the CCS said in a letter she wrote to me that he was acting on Law Society business when he made the 'phone call.
your letter of the 13th April last states "If
I can be of any further assistance please let me know".
Yes thank you, please tell me how I can get
'Solicitors Practice Rule 15' 'enforced' if not tell me does
it mean that when pledges are give in Parliament by MP's and others
they have absolutely no validity at all and the only reason they come
out with all the 'Bull Shit' is solely to make themselves look and sound
good??? As you probably know the Law Society rules are made by the Law
Society with the concurrence of the Master of the Rolls perhaps with
your assistance I could contact the office of the Master of the Rolls
for guidance on how solicitors clients can get solicitors to comply
with their own rule book, remember if these rules are 'enforceable'
as we are led to believe then a complainant should not have to go to
the High Court to get them 'enforced'
like the Lord Chancellor has stated.
B R Gray