28 Dec 2011: Independent Complaints Resolution Service

 28 December 2011

 To: Jodi Berg OBE Reviewer Independent Complaints Resolution Service

From: Leonard Lawrence “The Forge” Manaton, Devon TQ13 9UA 

Dear Ms Berg,

Thank you for your assistance, your observation below in red identifies most issues.

Issues for review by Independent Complaints Resolution Service against the Solicitors Regulatory Authority (SRA)

  • The SRA has failed to take account of your situation and the complex issues involved, and ensure that your report against RDG Solicitors and BP Collins Solicitors was dealt with at senior level as recommended by the Solicitor appointed by the SRA and the LCS.  Instead the matter was referred to a caseworker reviewer Nicholas Leach who was not legally qualified. In doing this the SRA did not make reasonable adjustments to process, in order to afford you protection as a vulnerable adult with acquired brain injury.
  • The way that the SRA considered your concerns was inadequate. No proper investigation was carried out as the SRA did not ask to see RDG’s Solicitors and BP Collins Solicitors files. Both firms are known to have  withheld from Slough and Reading County Court and the Court of Protection Medical Certificates that identified you as a patient and subject to the Court of Protection. During this period BP Collins Solicitors had adverse cost and inferences from £10,000 to £50,000 placed upon you without the knowledge or authority of the Court of the Protection.

Jodi Berg OBE

ICRS Reviewer

========================================================================================

Dear Ms Berg,

Samantha Barrass, SRA executive director, said: ‘Firms need to think carefully about how to deliver an appropriate approach to client care for those who may be vulnerable for any physical, social, or psychological reasons.’ With respect, Samantha Barrass needs to address the SRA Director of Inclusion – Mehrunnisa Lalani dealings with vulnerable adults.

Ref GOOGLE LEONARD LAWRENCE PILOT

1.  BP Collins Solicitors affidavit that was submitted for the hearing on 18 August 2005 before His Honour Judge ELLY did not identify that Leonard Lawrence was a Patient and Subject to the Court of Protection and that a Copy of the final Order will therefore have to be forwarded to the Court of Protection with a medical certificate in form CP3 and a draft authority for consideration by the Court of Protection.”

2. Ratcliffe Duce & Gammer Solicitors affidavit that was submitted for hearing 18 August 2005 before His Honour  Judge ELLY did not identify that Leonard Lawrence was a Patient and Subject to the Court of Protection and that a Copy of the final Order will therefore have to be forwarded to the Court of Protection with a medical certificate in form CP3 and a draft authority for consideration by the Court of Protection.”

3. August 2011: Bob Stanley, Compliance Manager, Law Society having visited the Law Societies file, has located and forwarded  to me correspondence from the Law Society, Conduct Investigation Unit, that identified Ratcliffe Duce & Gammer in a letter dated July 2005 say that “…the patient comes within the jurisdiction of the Court of Protection to whom an application can be made. A Copy of the final Order will therefore have to be forwarded to the Court of Protection with a medical certificate in form CP3 and a draft authority for consideration by the Court of Protection.”

4. Letter 2011 from Martin John, Chief Executive and Public Guardian. It would have been the responsibility of the certificate holder to make an application to the Court. You should enquire of your wife’s solicitors the reason why they did not make an application to the Court to make a decision on the future management of your affairs. Susan Andrews and David Stanning at BP Collins Solicitors have not responded. Mr Brazil, Counsel  instructed by BP Collins Solicitors, only in September  2010 advises Mr Aneley QC of the following: Leonard Lawrence was  a patient and subject to the Court of Protection.   

SRA caseworker reviewer Nicholas Leach, who is not legally qualified, does not support Martin John, Chief Executive and Public Guardian view, or the Practice Direction of the President of the Family Division that was identified to the SRA by the solicitor that was appointed by the SRA and the LCS.

5.  9 September 2010 Mr Anelay QC Head of Chambers 1 King Bench Walk Chambers, letter to Mr Lawrence.  Mr Brazil, instructed by BP Collins Solicitors, only now advises Mr Aneley QC of the following: Leonard Lawrence was  a patient and subject to the Court of Protection.  Mr Brazil had also held a undisclosed certificate of mental incapacity.

6. November 2011 Devon & Cornwall Police Crime and Justice Department
Dear Mr Lawrence
I can confirm that no Court of Protection Certificates were released to us by the Law Society, therefore no certificates were passed to Thames Valley Police when they took on the investigation.
Crime and Justice Department
Devon & Cornwall Police

7. Solicitor appointed by the Law Society, Solicitors Regulatory Authority, FINAL REPORT CRO/97504: “Issues raised by Mr Lawrence are significant and should be investigated and responded to on the basis that they indicate areas in which the legal system appears to have failed to sufficiently protect an extremely vulnerable adult”.

8. 2011 COUNSEL ADVICE ON LEONARD LAWRENCE
Mr Lawrence ……. was not registered as a protected party should be in the Court of Protection. Left financially vulnerable at both point of trial and order of sale.  Serious procedural error.

9. SRA Director Inclusion – Mehrunnisa Lalani Relies upon the opinion of Nicholas Leach a caseworker (whom identifies that he is not legally qualified) decision that it was not necessary for solicitors to inform the Court of Protection and His Honour Judge Elly that Leonard Lawrence had brain damage and was a patient subject to the Court of Protection.

10. What SRA Director of Inclusion – Mehrunnisa Lalani and caseworker Nicholas Leach have chosen not to disclose to the Public Guardian Martin John, the Court of Protection and myself was internal correspondence held by the Law Society in 2009 as to who had the greater duty to invoke the Court of Protection. Also the issue of Inadequate Professional Service and negligence surrounding Ratcliffe Duce Gammer Solicitors. The identification that Ratcliffe Duce Gammer Solicitors had gained my signature on Public Funding forms when I clearly lacked mental capacity.

Thank you for your assistance

Leonard Lawrence

28 December 2011

Cc Martin John, The Public Guardian

His Honour Judge Elly, HHJ Hamilton and HHJ Oliver Reading County Court

Sir Nicholas Wall, President Family Division

Mrs Justice Pauffley Reading County Court

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