As part of the Office for Legal Complaints’ consultation on proposed changes to the Legal Ombudsman’s Scheme Rules, case fee arrangements and the publication of ombudsman decisions, we're continuing to engage with stakeholders by exploring the proposals in more detail and responding to questions we've received.
In this final Q&A, I am concluding the series by looking at our proposals on publishing ombudsman decisions.
Why do we believe greater transparency in this area is important?
A number of reasons.
Over time, publishing more decisions has the potential to provide clearer insight into standards of service, support more informed consumer choice, and strengthen opportunities for the legal sector to learn from both poor and good practice. And it will also provide intelligence to regulators managing risk and driving improvement.
We recognise that moving towards that position will take careful implementation, but it is an important direction of travel.
Clearly, the publication of decisions raises a number of important questions around issues such as fairness, privacy, reputational impact and consistency. Below, we've addressed some of the most common questions we've received and provided further context on the rationale behind the proposals.
You can also read our previous Q&As on the proposed changes to our Scheme Rules and Case Fees. This is a connected and balanced package of reforms designed to work together to support a complaints system that is fairer, more proportionate and more sustainable.
The consultation remains open until midday on 2 September. Please do share your views before then. We look forward to hearing them.
Phil Cain, Chief Ombudsman
1. What is LeO proposing to publish?
We’re proposing to take a significant step towards greater transparency by moving LeO away from publishing only high-level statistical data and public-interest decisions, towards a position where every ombudsman final decision is considered for full publication.
I must stress that this consultation is about a policy change, rather than immediate full implementation. Any move to publishing all ombudsman final decisions would be phased, and is unlikely to happen before 2027/28.
2. Does LeO have legal powers to publish all decisions in full?
Yes, we do. Section 150 of the Legal Services Act 2007 allows the OLC, where it considers it appropriate in a particular case, to publish a report of the investigation, consideration and determination of a complaint under the ombudsman scheme. This would only apply to ombudsman final decisions, which – if accepted by the complainant – are legally binding.
3. What about complainant anonymity and legal professional privilege?
Protecting the complainants’ anonymity remains absolutely fundamental. While the service provider would be named, published decisions would either fully redact complainants’ names and identity, or be written in a way that ensures complainants cannot be directly or indirectly identified.
We’ve also heard concerns about legal professional privilege during our ongoing engagement with stakeholders. Nothing in these proposals alters the legal protections that apply to privileged communications, or the way we handle privileged information during our investigations. Any decision published would be carefully reviewed to ensure that confidential, privileged or otherwise protected information is not disclosed.
4. Could publication unfairly affect some legal service providers?
I don’t believe it would affect them unfairly, no. It’s important to remember that LeO is one of the very few ombudsman schemes that does not already publish its ombudsman final decisions in full. This is standard practice across a lot of sectors, so what we’re proposing is bringing LeO in line with that.
It’s also worth noting that around 30-40% of ombudsman decisions result in a finding of “no poor service”. Publication is therefore not simply about highlighting adverse findings; it helps provide a more balanced and complete picture of the complaints we consider and the outcomes we reach.
5. Is this not already achieved through the publication of ombudsman decision data?
Not entirely. The data is valuable, but published decisions provide consumers with far more than statistics alone.
They give a much richer understanding of the issues involved in a complaint, helping them make informed choices about legal service providers, promoting confidence in the complaints process, and supporting transparency and accountability.
Just as importantly, they also serve as a valuable learning tool for service providers. While each complaint turns on its own facts, access to published decisions enables service providers to better understand common issues, identify areas for improvement, and strengthen both service delivery and complaint-handling practices.
Further details about the consultation, including how to respond, are available here.
