Holyrood Petitions Committee to keep McKenzie Friend campaign open until Sheriff Court plans are scrutinised by MSPs & formally introduced

Holyrood’s Petitions Committee heard latest on McKenzie Friends Petition. THE PETITIONS COMMITTEE of the Scottish Parliament have said they will not close Petition 1247 – McKenzie Friends for Scotland until MSPs have seen and had a chance to comment on the proposals from the Sheriff Court Rules Council to implement McKenzie Friends (otherwise known as lay assistants) in Scotland’s Sheriff Courts, following on from the Lord President's Act of Sederunt, passed earlier in the summer which introduced McKenzie Friends to Scotland’s Court of Session in mid June, some 40 years after McKenzie Friends were first introduced to the English court system.

Nigel Don MSP (SNP) said Petition should not be closed until Parliament scrutinises Sheriff Court plans. During the Petitions Committee’s Tuesday session, Committee member Nigel Don said progress was being made ‘very fast’ and expressed his gratitude to the Lord President for introducing McKenzie Friends to Scotland’s Court of Session. Mr Don went onto say the ”Sheriff Court Rules are being dealt with but they seem to have gone a little bit slower” and said he believed Petition 1247 should not be closed until the rules for the use of McKenzie Friends in Scotland’s Sheriff Courts are “in the public domain” and the Petitions Committee has a chance to see & comment on the Sheriff Court Rules Council proposals.

Mr Don’s comments came after the Petitioner, Perth based law reform campaigner Mr Stewart MacKenzie had written to the Petitions Committee urging members to contact the Sheriff Court Rules Council for a clearer timescale for the completion of the implementation of McKenzie Friends in Scotland’s Sheriff Courts, bearing in mind the Court of Session and the Lord President had managed to complete the process in around five weeks.

Petitions Committee Convener Rhona Brankin MSP concluded the discussion on Petition 1247, by continuing the petition until the Committee receive more information.

Petitions Committee 7th Sept. 2010 - Nigel Don : Parliament should have a chance to see & comment on the Sheriff Court rules for McKenzie Friends before petition is closed. (click image below to watch video)

I have reported previously on the Sheriff Court Rules Council’s discussions on the introduction of McKenzie Friends to Scotland's Sheriff Courts, here : Sheriff Court Rules Council reveals McKenzie Friends on course to help party litigants in Scottish Sheriff Courts by end of summer 2010

While party litigants in Scotland’s Court of Session have been able to apply for a McKenzie Friend to assist their case since mid June of this year, party litigants in Scotland’s Sheriff Courts, where most hearings in which McKenzie Friends will have a ‘helping hand’ take place, will have to wait until the Sheriff Court Rules Council formalise their plans for rules governing the use of lay assistants in Sheriff Courts before being able to apply to a Sheriff for lay assistance.

A spokesperson for the Sheriff Court Rules Council stated : “I can advise that the Sheriff Court Rules Council is still considering the procedure for McKenzie friends within the Sheriff Court and, in particular, is considering whether the approach by the Court of Session is appropriate in the Sheriff Court. At this stage, I am not able to advise when the provisions will be commenced.”

McKenzie Friends for Scotland. You can read my earlier coverage of the campaign to bring McKenzie Friends to Scotland, and how having a McKenzie Friend in court may assist party litigants here : McKenzie Friends for Scotland : The story so far. All written submissions for the McKenzie Friend petition (Petition 1247) at the Scottish Parliament can be read here : Written submissions for Petition 1247, McKenzie Friends for Scotland

Scottish Legal Complaints Commission seeks new Chief Executive on £70K & pension to make Law Society’s "front company" ‘work’

Scottish Legal Complaints Commission seeks new Chief Executive. ALTHOUGH the Scottish Legal Complaints Commission has offered little in the way of a believable explanation for the abrupt resignation earlier this year of its former Chief Executive, Eileen Masterman after less than twelve months in her post, the SLCC is again engaged in a recruitment process for a new Chief Executive Officer, offering anyone willing to try and bring the hapless scandal hit law complaints quango into shape a whopping salary of around £1,350 a week, equating to around £70,000 per annum with a pension thrown in.

Diary of Injustice reported SLCC Chief Executive Eileen Masterman’s resignation after less than 12 months in the job : In an eerie reflection of events two years ago which forced the resignation of former Law Society Chief Douglas Mill, EILEEN MASTERMAN, who was appointed Chief Executive of the Scottish Legal Complaints Commission by Justice Secretary Kenny MacAskill in 2008 on a salary of £1,350 a week, resigned after only one year of being in the controversial post at the scandal-hit regulator which deals with consumer complaints against Scottish solicitors. Ms Masterman had been absent from her post for six months, as I reported earlier, here : £70K Chief Executive ‘missing for 6 months’ at Scottish Legal Complaints Commission as Justice Secretary dodges questions on scandal-hit law quango

Salaries may well be high in the world of regulators where a ‘feathered nest’ is allegedly ‘crucial to attracting the most talented people for the job at hand’, however it remains a fact the thousands of clients each year who are forced to complain to the Scottish Legal Complaints Commission, face little in the way of financial redress for the vast sums of clients funds embezzled by members of Scotland’s legal profession as it turns out the SLCC itself can only make awards of up to £20,000 “for any loss, inconvenience or distress resulting from inadequate professional service”.

It will be hardly a surprise to most readers hardly any compensation has yet been paid out to victims of ‘crooked lawyers’ – this despite many Scots clients losing much more than £20,000 to some of the worst serial offenders of Scotland’s legal profession who continue to practice law.

The SLCC also state on their website : “We can also require the relevant legal practices and practitioners to reduce fees, re-do work and rectify any mistakes at their own expense. If we feel the practitioner shows a lack of competence relating to any area of the law or legal practice, we can report the matter to the relevant professional body.” However, and proving again its claim to be an effective regulator is well, rather ridiculous, the SLCC has admitted in an FOI request it does not have any power to recommend discipline or prosecution of a solicitor even after it has investigated a complaint.

If anyone feels they are up to the job of running what one Holyrood MSP privately dubbed “The Law Society’s front company”, here follows the job offer …

Scottish Legal Complaints Commission : Chief Executive

Location: Edinburgh. Salary: circa £70,000 per annum plus group personal pension scheme

The Scottish Legal Complaints Commission (SLCC) was set up under the Legal Profession and Legal Aid (Scotland) Act 2007 and opened on 1 October 2008. Providing a single point of contact for all complaints about legal practitioners operating in Scotland, the SLCC investigates and resolves complaints about inadequate professional service; refers conduct complaints to the relevant professional body and has oversight of complaint handling across the profession. The Commission is a neutral body operating independently of the legal profession and independently of Government and is considered a hybrid organisation with public and private attributes.

We are seeking to appoint the Chief Executive Officer to provide operational and strategic leadership to the SLCC whilst working closely with and supporting the Commission Members.

As CEO you will lead and motivate staff to provide consistently good service. Developing and maintaining relationships with relevant external bodies; particularly the Scottish legal profession and the Scottish Government.
As the organisation's Accountable officer, you will implement, monitor and sustain rigorous financial processes for the budget, ensuring that financial accountability and control is evident at all times. This is a key position for an experienced business leader with strong financial and operational capabilities. The role requires exceptional communication skills with the ability to influence at every level with the necessary energy to act as a true driving force within the organisation.

Dates for your diary: Closing date: 10/09/2010, First-stage interviews: 01/10/2010, Second interviews: 08/10/2010

For an informal conversation or more information, please contact Bonnie Clarke at Hays Executive on 0131 226 7972.

Applications must be received by: 17:00 on 10/09/2010.

Holyrood Petition launched to promote education of justice, legal & consumer rights in Scots secondary school curriculum

Scottish Parliament’s Public Petitions Committee to consider education of legal & consumer rights in schools. A PUBLIC PETITION promoting education of justice, legal & consumer rights in Scotland’s secondary schools has been lodged at the Scottish Parliament by Perth based law reform campaigner Mr Stewart MacKenzie, whose successful McKenzie Friends Petition 1247 brought forward the system of lay assistance used in courts around the world since 1970 to our very own Scots legal system this year after a year long campaign at Holyrood, which I reported on in more detail HERE.

Petition 1354 calls for the education of justice, legal & consumer rights to Scots children. With children in England & Wales already ahead of their Scots counterparts in receiving education of legal & consumer rights, Mr MacKenzie’s petition calls “on the Scottish Parliament to urge the Scottish Government to introduce ‘citizenship’ as a compulsory element of the secondary school curriculum and which covers knowledge and an understanding of consumers' rights, the roles, duties and responsibilities of the legal profession and the different courts systems in relation to civil justice and also human rights legislation”.

Mr MacKenzie commented further in his petition on the apparent lack of will in the current Scottish Government’s education plans to follow the English education system in teaching legal & consumer rights to secondary school pupils, saying : “I have contacted the Learning Directorate, Curriculum Division, of the Scottish Government and received the details of what is currently provided in the Scottish education system. They have confirmed that although the matter of citizenship ‘may’ be touched upon in secondary schools, it is not a compulsory element of the Scottish curriculum and, if it is covered by individual schools, it is very basic and does not cover the topics recommended by the petitioner.”

Mr MacKenzie continued : “All Scottish school pupils, within their secondary education, would greatly benefit from, for example, knowledge and an understanding of consumers’ rights, the role, duties and responsibilities of the legal profession in Scotland, the purpose and role of the different courts systems in relation to civil justice in Scotland and also human rights legislation, all of which would install this much needed knowledge and give confidence to young people, so that they are ready to face issues which they will incur in everyday life after leaving school and avoid many of the pitfalls of modern, everyday life.”

“In the English education system a learning course covering these issues has been statutory since 2002. The ‘citizenship’ element of the National Curriculum in England gives teaching and learning of the key areas which the petitioner describes but which are lacking in the Scottish education system and whilst within the Scottish education system citizenship is covered to a very limited degree, it is not a compulsory element of the curriculum and does not cover the areas which are described in this petition and which Citizens Advice Scotland describes as being desperately needed by all Scottish secondary school leavers.”

In England & Wales, schoolchildren have for some time, received “Citizenship Education” as a compulsory course, which covers issues such as democracy & justice, & rights & responsibilities, described on the TeacherNet website as follows :

Democracy and justice — This focuses on the role that citizens can take within the political and justice systems in the UK. It includes: freedom as part of a democracy; fairness and the rule of law as part of justice; power and authority; and accountability. Pupils learn that accountability happens at many levels ranging from a responsible opposition in parliament challenging, testing and scrutinising what Government is doing, to citizens in local communities challenging decisions that affect them.

Rights and responsibilities — There are different kinds of rights, obligations and responsibilities — political, legal, human, social, civic and moral. Pupils explore contested areas surrounding rights and responsibilities, for the checks and balances needed in relation to freedom of speech in the context of threats from extremism and terrorism.

The Scottish Government introduced the recent Curriculum for Excellence in Scotland, although omitted legal & consumer rights. The Scottish Government’s recent “Curriculum for Excellence”, more about which can be viewed at the Engage for Education website apparently does not include anywhere near the same level of education on justice, legal & consumer affairs for Scots schoolchildren, leaving the feeling Scots kids are being left in the dark while their English counterparts receive a much wider, more responsible view of the world around them.

The move by legal campaigner Mr MacKenzie to ensure Scots secondary school pupils receive equivalent or even better education on legal & consumer affairs, which already received by pupils in England & Wales, is backed by consumer organisations such as Which?, and Consumer Focus Scotland who have long held views on the subject of a public legal education strategy, featured in their recent report : Making Civil Justice Work for Consumers

Consumer Focus Scotland also advocate a public legal education strategy. Consumer Focus Scotland said in their report “If consumers are to be able to access legal services, and make informed choices about which services best meet their needs, they need to be able to a) recognise they have a problem, b) recognise the problem has a potential legal remedy, & c) identify a course of action to pursue that remedy, be it taking action themselves, or seeking help from an appropriate source” – issues which could be greatly helped by a compulsory course in Scottish schools for pupils on justice, legal & consumer rights subjects.

The Consumer Focus Scotland report went onto state : “In other jurisdictions, public legal education (PLE) is seen as an important tool to help consumers navigate these stages. It is a tool not only to improve consumers’ knowledge of their rights, remedies and means of redress, but also to build their skills and confidence so that they possess sufficient ‘legal capability’ to act upon this knowledge. This could be about giving them the knowledge and confidence to reach the appropriate adviser at the appropriate time to help them resolve their problem(s), or it could be equipping them with the necessary skills to take action themselves.”

The report goes onto state Consumer Focus Scotland “believe the development of a Scotland-wide public legal education strategy to be fundamental to efforts to improve access to justice for consumers.”

Sarah O’Neill, Head of Policy for Consumer Focus Scotland commented on the moves at Holyrood saying : “While we have not seen the detail of the petition, and cannot comment on this at this stage, we would be supportive in principle of any initiative to include coverage of some of these issues in the school curriculum.”

Ms Neil continued : “We have long been supportive of the concept of public legal education, and have a particular interest in looking at ways of developing people’s legal capability, by increasing their skills and confidence, allowing them to recognise when they have a legal problem, any legal rights they may have in relation to that problem, and identifying a course of action to resolve that problem. This is set out in more detail in our recent publication making Civil Justice Work for Consumers.”

Educating our children on issues of justice, legal & consumer rights is obviously an essential part of growing up, and since the rest of the UK has long recognised this, it is surely time for Scotland to follow suit. After all, we have regular announcements of Scottish Government Ministers attempting to cut crime & break the cycle of crime many people find themselves trapped in by providing offenders with more of the skills they need to live positive lives, so why not go a step further and teach Scots schoolchildren about justice, the legal system & consumer rights at school level .. it may do a lot more good for our nation’s future ….

Access to justice improved : McKenzie Friends advice now included in guide for Court of Session’s party litigants

Scottish Court Service offer guidance on McKenzie Friends. After a year of the Scottish Parliament considering the McKenzie Friend question for Scotland, in the form of Petition 1247, assisted by a ruling in the Court of Session last November, the Scottish Court Service have now updated their GUIDE FOR PARTY LITIGANTS “Raising & Defending ordinary actions in the Court of Session” (pdf) with details on how people who are conducting their own litigation (party litigants) can apply for “lay assistance”, (otherwise known as ”McKenzie Friends” in the rest of the world) to accompany them and offer help in proceedings in Scotland’s highest court, the Court of Session.

All party litigants in Scotland and anyone with an interest in the justice system are advised to read the guide, which can be downloaded from the Scottish Court Service website HERE in pdf format. Currently no similar guide exists for party litigants in Scotland’s Sheriff Courts, although with the Sheriff Court Rules Council currently considering how to implement the use of McKenzie Friends across Scotland’s lower courts, as I reported last month HERE, it is hoped something along the lines of the Court of Session’s party litigant guide will be issued for use in Scotland’s Sheriff courts where most small actions involving party litigants are heard.

Guidance from the Scottish Court Service on how to apply for McKenzie Friends. The updated guidance from the Scottish Court Service on McKenzie Friends statees : “If you are acting on your own behalf you may apply for permission to have a named individual support you. This is set out in Chapter 12A – Lay Assistance for Party Litigants (pdf) and is similar to the concept of a ‘McKenzie Friend’ in the English courts. You may choose to have this supporter sit beside or behind you at any hearings in court or in a judge’s chambers. The supporter is not allowed to speak on your behalf. You must apply for this permission by enrolling a motion. You motion must be accompanied by Form 12.A-A (Application by party litigant for lay support) which you and your proposed supporter must sign. Part 2 of Form 12.2-A) asks for confirmation on various matters from the proposed supporter. Motions will be granted unless the court is satisfied that to do so would not be conducive to the efficient administration of justice.”

Any permission:
* is not effective during any period when you are represented by a solicitors;
* is granted only until the proceedings are finished:
* is granted until the permission is withdrawn.

The court may withdraw permission on its own motion or on the motion of any party. The court must be satisfied that it would be contrary to the efficient administration of justice for the permission to continue.

You may want your supporter to :

* provide moral support;
* help to manage the court documents and other papers;
* take notes of the proceedings;
* quietly advise on -
- points of law and procedure;
- issues which you might want to raise with the court;
- questions which you might wish to ask witnesses.

Application for McKenzie Friend Form 12.A-A. You may show your supporter any document including court documents. The supporter may receive any information in connection with the proceedings which is in your possession. This would not be a contravention of any prohibition or restriction on the disclosure of the document or the information. The supporter would then be subject to any prohibition or restriction in the same way as if he or she were the litigant. Any expenses you incur as a result of an individual’s support are not recoverable expenses in the proceedings.

You can read my earlier coverage of the campaign to bring McKenzie Friends to Scotland, and how having a McKenzie Friend in court may assist party litigants here : McKenzie Friends for Scotland : The story so far. All written submissions for the McKenzie Friend petition (Petition 1247) at the Scottish Parliament can be read here : Written submissions for Petition 1247, McKenzie Friends for Scotland