Written Question · S4W-22328 · Session 4
Whether a complaint can be lodged against a solicitor regarding a report to a sheriff on the proposed arrangements for the care and upbring…
The question
To ask the Scottish Government whether a complaint can be lodged against a solicitor regarding a report to a sheriff on the proposed arrangements for the care and upbringing of a child and, if so, to whom.
The answer
I assume the member is referring to cases where a judge or sheriff has appointed a child welfare reporter (formerly known as a bar reporter) to assist in cases such as contact or residence under section 11 of the Children (Scotland) Act 1995.
Child welfare reporters do not have to be solicitors although our understanding is that most of them are. It may not be possible to raise a complaint with the Scottish Legal Complaints Commission about the standard of service provided by a child welfare reporter who is also a solicitor. This is because there is no direct client/solicitor relationship between the reporter and a party to the case. The reporter is appointed by the court, rather than by one of the parties to a case. Section 2(1)(b) of the Legal Profession and Legal Aid (Scotland) Act 2007 lays down that service complaints are suggestions that “professional services provided by a practitioner in connection with any matter in which the practitioner has been instructed by a client were inadequate”.
Any concerns about a report by a child welfare reporter or the conduct of the reporter should be raised with the judge or the sheriff dealing with the case. Any general concerns about the quality of work provided by a specific child welfare reporter could be raised with the sheriff principal or the Lord President. For sheriff courts, the sheriff principal maintains a list of those persons who may be appointed as a child welfare reporter in the sheriffdom: the Lord President maintains a similar list for the Court of Session.
Any complaints about the conduct of a solicitor could be raised with the Scottish Legal Complaints Commission. Conduct complaints are suggestions of professional misconduct or unsatisfactory professional conduct. Any such complaints could include the conduct of a solicitor whilst performing the role of a child welfare reporter. The Scottish Legal Complaints Commission would need to consider if they have authority to consider such a complaint. If the commission decides it does have authority to consider a complaint relating to conduct, it would then pass the complaint to the relevant professional body for investigation.
The government has been leading a working group on child welfare reporters. More information on this working group is available on the government’s website at:
http://www.scotland.gov.uk/Topics/Justice/law/17867/reporters
Child welfare reporters do not have to be solicitors although our understanding is that most of them are. It may not be possible to raise a complaint with the Scottish Legal Complaints Commission about the standard of service provided by a child welfare reporter who is also a solicitor. This is because there is no direct client/solicitor relationship between the reporter and a party to the case. The reporter is appointed by the court, rather than by one of the parties to a case. Section 2(1)(b) of the Legal Profession and Legal Aid (Scotland) Act 2007 lays down that service complaints are suggestions that “professional services provided by a practitioner in connection with any matter in which the practitioner has been instructed by a client were inadequate”.
Any concerns about a report by a child welfare reporter or the conduct of the reporter should be raised with the judge or the sheriff dealing with the case. Any general concerns about the quality of work provided by a specific child welfare reporter could be raised with the sheriff principal or the Lord President. For sheriff courts, the sheriff principal maintains a list of those persons who may be appointed as a child welfare reporter in the sheriffdom: the Lord President maintains a similar list for the Court of Session.
Any complaints about the conduct of a solicitor could be raised with the Scottish Legal Complaints Commission. Conduct complaints are suggestions of professional misconduct or unsatisfactory professional conduct. Any such complaints could include the conduct of a solicitor whilst performing the role of a child welfare reporter. The Scottish Legal Complaints Commission would need to consider if they have authority to consider such a complaint. If the commission decides it does have authority to consider a complaint relating to conduct, it would then pass the complaint to the relevant professional body for investigation.
The government has been leading a working group on child welfare reporters. More information on this working group is available on the government’s website at:
http://www.scotland.gov.uk/Topics/Justice/law/17867/reporters
In the Official Report
No contribution in the Official Report cites S4W-22328 by reference.