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Working party chair comments on Ouseley report

14 August 2008

Lord Ouseley’s independent report marks the important first stage in the process of dealing with the findings announced by the SRA, some time ago now, in 2006, of disproportionate regulation of BME solicitors. The working party welcomes this report and is grateful to Lord Ouseley for his work in producing a report with sound findings and recommendations.

The finding that there are approximately some 1,700 complaints against small firms or sole practitioners is very worrying, because a high proportion of BME solicitors are concentrated in this category.

Whilst this fact in itself may not be an indicator of unfairness to BME solicitors without further detailed analysis, they are certainly at a disadvantage when compared with white solicitors because they are more likely than white solicitors to experience the 'heavy handed', 'draconian' approach and delays of the regulatory process complained of by many solicitors whatever their ethnicity. Urgent analysis needs to be carried out on the application of risk assessment of small firms and the perception that small complaints escalate into more serious matters once the SRA become involved. Many solicitors would welcome a more proactive approach by the SRA of prevention of breaches rather then sanctions.

It is in the interest of all solicitors and the public, that BME solicitors are involved in cutting edge legal work and that they achieve positions of leadership within the Law Society; but they will find it difficult to do so if they continue to be disproportionately regulated by the SRA.

I welcome the response of the SRA that they have already moved to the next stage, which is to adopt the recommendations set out in the report. There are a number of helpful, practical suggestions from some of the working party representatives in their response to the report. One such example is the setting up of workshops for new firms to better understand the regulatory framework and risk assessment with monitoring of that firm within the first 12 months. This suggestion, if adopted, will require active cooperation from BME solicitors and the SRA with a view to prevent breaches of the regulation. I commend the suggestion put forward by the working party that a steering group with BME solicitors' representation will assist the SRA in taking forward the necessary changes to the important work they carry out.

Anesta Weekes QC

Read press release on Lord Ouseley's report

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