Written by In the pursuit of transparency and accountability within the UK’s legal system, a recent Freedom of Information Act (FOIA) request to the Legal Ombudsman has revealed valuable insights into their complaint handling processes, decision-making guidelines, and operational structure. This article examines the Legal Ombudsman’s response, offering crucial information for legal professionals, consumers, and anyone interested in the workings of this important institution.
Complaint Handling Process
The Legal Ombudsman has a detailed process for handling complaints, which is publicly available on their website. This transparency allows consumers and legal professionals to understand the journey of a complaint from receipt to resolution.
Decision-Making Guidelines
The Legal Ombudsman follows specific guidelines outlined in their “Case Decisions – The Standards” document. Importantly, case decisions are made by investigators (case officers), with final decisions resting with the Ombudsman. This two-tier system ensures thorough consideration of each case.
Training and Qualifications
Investigators at the Legal Ombudsman undergo an extensive 12-week training program, covering various aspects of their role:
- Corporate induction
- General enquiries training
- Jurisdiction and scheme rules
- Sessions on different areas of law
- Investigation stages (assessment, scoping, and setting standards)
- Case decision writing and directing remedies
Beyond the initial 12 weeks, investigators receive ongoing training on various aspects of the process. While there’s no specific qualification requirement, investigators should have at least five GCSE Grades A-C (or equivalent), ideally including English Language.
Complaint Statistics and Types
In the last 12 months:
- The Legal Ombudsman received 18,203 contacts
- 9,829 were closed for various reasons, including being premature or out of jurisdiction
- The most common complaints involved failure to keep informed, failure to progress, delay, and failure to follow instructions, accounting for over 70% of all complaints
Investigator Resources
As of July 2024, the Legal Ombudsman employs 155 investigators, with plans to recruit more in September 2024. This information provides insight into the scale of their operations and their commitment to handling complaints efficiently.
Funding Sources
The Legal Ombudsman is primarily funded through annual fees paid by service providers to their regulators. These regulators include:
- The Law Society
- The Bar Council
- Chartered Institute of Legal Executives
- Council for Licensed Conveyancers
- Intellectual Property Regulation Board
- Faculty Office
- The Costs Lawyer Standards Board
- Institute of Chartered Accountants in England and Wales
- Association of Chartered Certified Accountants
Importantly, the Legal Ombudsman does not receive public funding.
Complaint Processing Time and Resolution
- Average time to complete a complaint: 305 days
- Percentage of complaints resolved within the average processing time: 49%
These figures highlight the challenges faced by the Legal Ombudsman in processing complaints efficiently, possibly due to the complexity of cases or resource constraints.
Availability of Investigator Reports
Interestingly, investigators do not write separate reports after a case decision. The case decision itself is considered the report, which streamlines the process and avoids duplication of information.
Conclusion
This FOIA response from the Legal Ombudsman provides valuable insights into their operations, challenges, and commitment to transparency. For legal professionals and consumers alike, understanding these processes is crucial for navigating the complaint resolution landscape effectively.
The data reveals areas of success, such as the comprehensive training program for investigators, as well as challenges, including the lengthy average processing time for complaints. As the legal sector continues to evolve, such transparency will be key to maintaining public trust and ensuring the highest standards of professional conduct.
References
- Legal Ombudsman. (2024). Complaint Process.
- Legal Ombudsman. (2024). Case Decisions – The Standards.
- Legal Ombudsman. (2024). Privacy Statement. https://www.legalombudsman.org.uk/privacy/
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