Complaints: Only 3% of matters were referred on to LeO
Lawyers testing the Legal Ombudsman’s (LeO) model complaints resolution procedure (MCRP) resolved most of the complaints themselves, it has emerged.
Only 3% of the 631 complaints handled by eight firms and two chambers – operating under four regulators – under the pilot were escalated to LeO.
Participants varied in size but all the complaints related to the top five areas of law LeO receives complaints about – personal injury, residential conveyancing, family, litigation, and wills and probate.
A majority of the complaints (57%) were resolved under the MCRP early resolution procedure and on average took seven days – the maximum was 10.
Only 19 of the complaints handled under the pilot were escalated to LeO, almost all of which LeO considered were suitable for its own early resolution procedure.
A ‘call for input’ [1] on the draft MCRP outlines that law firms must acknowledge complaints within five working days, deal with them through early resolution in a further 10 days or launch a full investigation, which could take the total time spent handling the complaint to a maximum of eight weeks.
The acknowledgment should “briefly” summarise the complaint, give information about next steps and if necessary ask for further information.
Early resolution should be confirmed in writing, which could be shorter than “a full and detailed final response” and based on a LeO template.
Following a full investigation the client should receive “one, final response to their complaint”, clearly setting out the complaints made and those considered, including an explanation of why any complaints were not addressed.
The response should contain an “overall conclusion” on how the service provider intended to put any service failing right, a reference to LeO’s guidance on remedies and signposting to LeO.
LeO said no “significant issues” were identified in the pilot with either the procedure or supporting materials and “no significant additional guidance or documentation was identified as being necessary”.
LeO said “a number of” the providers involved “chose to retain all or part of the MCRP” following the pilot.
“The pilot demonstrated that the MCRP works effectively in practice and delivers tangible benefits across a wide range of service providers and complaint types.
“A clear acknowledgement stage, combined with a strong emphasis on early, constructive engagement, enabled many complaints to be resolved more quickly and with less formality, often avoiding the need for a full investigation.”
“Providers reported that the structure of the MCRP increased confidence in their approach to complaints, reduced administrative effort and improved the clarity and consistency of communication with consumers.
“The pilot also reinforced the importance of flexibility: while the core structure was valued, providers appreciated being able to apply the model proportionately to different business models, practice areas and consumer needs.”
LeO said the findings confirmed that a “simpler and more consistent” process improved outcomes for both consumers and lawyers, and increased the likelihood that complaints which were escalated to LeO were better prepared for it to resolve quickly.
The MCRP is part of LeO’s efforts to reduce the number of complaints it has to handle as it struggles to cope [2] with a fast-growing caseload.