The changes apply from 1 April 2023 and we recommend that you familiarise yourselves with the LeO guidance.
The main changes are:
· the time limits for bringing complaints:
From 1 April 2023, the time limits for referring a complaint to the Legal Ombudsman will be no later than:
• one year from the date of the act or omission being complained about; or
• one year from the date when the complainant should have realised that there was cause for complaint.
LeO will have discretion to accept out-of-time complaints where it determines that it is “fair and reasonable to do so”.
· discretion to decline to issue a formal Ombudsman decision if no substantive comments are provided in response to an investigator’s case decision
· changes to Ombudsman discretion to dismiss or discontinue a complaint in certain circumstances.
How to prepare
It is essential that you update your firm’s complaints processes to reflect the changes. You should inform your clients about the changes to the time limits as soon as possible and before 1 April 2023.
You must change the details in your client facing information, such as:
- client care information, including client care letters
- terms of business
- any information that you publish on your website
- any of your guidance that sets out when a complaint can be taken to LeO
LeO has suggested wording for client care letters and complaints final response letters in its guidance.
Reminder to provide essential information
It is important to remember that the six-month time limit only applies if specific information is “included prominently” in your final written response to a complainant (LeO Scheme Rule 4.4).
You should ensure that your written and published complaints procedure and your final written response include the following information:
1. an explanation that the Legal Ombudsman is available if the complainant remains dissatisfied,
2. full contact details for the Legal Ombudsman, and
3. a warning that the complaint must be referred to the Legal Ombudsman within six-months of the date of the written response.
If this information is not included in your final written response, there is a high risk that LeO will waive the time limits and accept a complaint for investigation.
- Learn more about the 1 April 2023 changes on the LeO website.
- Free training sessions available in March, register today.
