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We respond to external consultations where they affect or link with our organisation in some way, or where we have useful evidence from our work that can contribute to the debate. When we draft our responses to external consultations, we are guided by our vision, mission and values. In our responses, we take care to emphasise that we are an independent organisation and not a campaigning body. We draft evidence-based responses that focus on the data we have about legal complaints.
You can read our recent consultation responses below:
Response to the Legal Services Board: Request for Advice on the Bar Standards Board proposal to amend the Code of Practice, March 2012
The LSB asked us for advice on the BSB's application to amend the Code of Practice in relation to the Cab Rank Rule and standard contracts. Our response raises questions about areas where the proposed changes may impact on consumers, for example how costs are passed onto clients and ABS firms.
Response to the Legal Services Board: Request for Advice on the Bar Standards Board proposal to amend the Code of Practice, March 2012 (pdf - opens in new window)
Response to the Solicitors Regulation Authority: Regulation of International Practice, February 2012
The SRA held a consultation about their proposals to regulate international practice in line with their new outcomes focused approach. Our response looks at the need for a clear framework of regulation and client protection mechanisms to ensure that there is a clear path to redress for consumers, and draws on the lessons we have learned from investigating complaints about international firms.
Response to the Solicitors Regulation Authority: Regulation of International Practice, February 2012 (pdf - opens in new window)
Response to the Department for Business Innovation and Skills call for evidence into the European Commission's Alternative Dispute Resolution proposals, 31 January 2012
BIS called for evidence in response to the European Commission's recent proposals regarding ADR and ODR. Our response looks at the current ADR landscape, issues and challenges within that landscape, and the opportunity that these proposals afford to minimise any inconsistencies, overlaps and gaps in redress.
Response to the Department for Business Innovation and Skills call for evidence into the European Commission's Alternative Dispute Resolution proposals (pdf - opens in new window)
Response to the Solicitors Regulation Authority: Financial Protection Review Consultation, 17 January 2012
The SRA held a consultation about their proposals to change the arrangements to the Assigned Risks Pool, professional indemnity insurance and the Compensation Fund. Our response raises concerns over whether the new arrangements will detrimentally affect consumers accessing redress and highlights the importance of client protection mechanisms working together.
Response to the Solicitors Regulation Authority: Financial Protection Review Consultation
(pdf - opens in new window)
Response to the Department for Business Innovation and Skills Commons Select Committee inquiry into the Insolvency Service, 30 December 2011
The BIS Commons Select Committee called for evidence about issues surrounding pre-pack administrations and the possibility of establishing a new Ombudsman scheme to cover insolvency practitioners. Our response focuses on the importance of reforms fitting in with other mechanisms of consumer redress and likely changes in the wider regulatory landscape.
Response to the Department for Business Innovation and Skills Commons
Select Committee inquiry into the Insolvency Service
(pdf - opens in new window)
Response to Legal Services Board call for evidence on probate and estate administration, 4 November 2011
The Legal Services Board called for evidence about issues in probate and estate administration to inform their review of regulation. Our response points to the report of the Legal Services Consumer Panel, who looked in depth at Legal Ombudsman data to highlight common themes and issues affecting consumers. We also highlight the impact of the changing market on consumers, with increased use of technology and bundling of legal service causing some consumer confusion about how to access redress. You can also read the Consumer Confusion report by Leicester University (click here) which also looks at this issue.
Response to the Legal Services Board
call for evidence on probate and estate administration (pdf - opens in new window)
Response to Legal Services Board consultation on enhancing consumer protection and regulatory boundaries, 4 November 2011
The Legal Services Board asked for views about how consumer protections and access to redress could be enhanced across the legal services sector. Our response highlights the impact of the changing market on consumers, with increased use of technology and bundling of legal service causing some consumer confusion about how to access redress. We included some case studies to show the sorts of problems consumers come to the Ombudsman for help to resolve. You can also read the Consumer Confusion report by Leicester University (click here) which also looks at this issue.
Response to the Legal Services Board consultation on
enhancing consumer protection and regulatory boundaries (pdf - opens in new window)
Response to the Law Commission's consultation on consumer redress for misleading and aggressive practices 11 July 2011
The Law Commission is asking for views on how consumers should be given a right to redress when a trader acts in a misleading or aggressive way. Our response focuses on the issues we have found from handling complaints, and presents some examples of complaints relating to these practices.
Response to the Law Commission consultation (pdf - opens in new window)
Response to the Legal Services Board's consultation on schedule 12 rules 4 July 2011
The Legal Services Board is asking for views on how it will review decisions about licence applications made to it. Our response is available here.
Response to the Legal Services Board's consultation (pdf - opens in new window)
Response to the Solicitors Disciplinary Tribunal's consultation on the making of procedural rules in relation to appeals to the tribunal 30 June 2011
The Solicitors Disciplinary Tribunal is consulting on proposed new procedural rules in relation to the appellate function of the General Regulatory Chamber of the First-tier Tribunal. Our response is available here.
Response to the Solicitors Disciplinary Tribunal consultation (pdf - opens in new window)
Response to the Legal Services Board's (LSB) discussion paper on developing regulatory standards 27 June 2011
The paper discusses how the LSB proposes to gain assurance that regulatory standards and performance are effective. Drawing on evidence from our complaints handling data, our response highlights the changing nature of the legal services market and its impact on consumers.
Response to the LSB consultation (pdf - opens in new window)
Response to the Association of Costs Lawyers (ACL) and Costs Lawyers Standards Board (CLSB) consultation on the proposed new governance arrangements for the costs lawyers profession on 22 June 2011
The proposals of this consultation are to bring the governance arrangements for costs lawyers, which includes separating the representative arm from the regulator. Our response focuses on how redress and regulation need to work hand in hand, and how our new memorandum of understanding will help support this.
Response to the ACL/CLSB consultation (pdf - opens in new window)
Reforms to the regulation of insolvency practitioners consultation response May 2011
The Insolvency Service is considering how complaints about practitioners could be handled. Our response to their consultation about regulation of insolvency practitioners is available here.
Our response (pdf - opens in new window)
Response to the Solicitors Regulation Authority consultation on future client financial protection arrangements 28 February 2011
The proposals of this consultation are to change the arrangements for solicitors on client protection, which includes professional indemnity insurance. Our response focus on how indemnity insurance affects the consumers that come to us, and we have presented some examples of the complaints we are receiving that relate to these issues.
Response to the Solicitors Regulation Authority consultation (pdf - opens in new window)
Response to the Ministry of Justice Proposals for reform of civil litigation funding and costs in England and Wales, 14 February 2011
The main proposals of the Jackson review are to make changes to conditional fee agreements (no win no fee). The aim is to reduce overall legal costs in civil litigation and deter some cases from going through the courts. Our response focuses on presenting the types of complaints we are receiving so far about litigation and personal injury cases.
Response to the Jackson review (pdf - opens in new window)
Response to the Claims Management Regulation consultation, 10 February 2011
The main proposals of this consultation are to stop claims management companies offering financial benefits to people as an inducement for making a claim. In our response we present some observations from our casework which illustrate the link between claims management companies and legal services providers.
Response to the Claims Management Regulation consultation (pdf - opens in new window)