Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he has made an assessment of the potential impact of the change in the time limit for referring a complaint to the Legal Ombudsman about legal services, which came into effect from 1 April 2023, on consumers.

Under the Legal Services Act 2007, the legal profession in England and Wales, together with its regulators, operate independently of government. The oversight regulator for the legal services sector is the Legal Services Board (LSB). The Office for Legal Complaints (OLC) is the board responsible for administering the Legal Ombudsman Scheme. The OLC sets the strategy and business plan for the Scheme, as well as scrutinising its performance.

Since the changes to the Legal Ombudsman’s rules regarding the time limit for referring complaints, the Ministry of Justice has not made an assessment of the potential impact this may have on consumers. However, the OLC carried out an assessment of the potential impacts of the rule changes in its consultation in 2022. It predicted that although around 30% of complaints may fall outside the new time limit, this would be mitigated by a separate rule change which allows an Ombudsman to exercise discretion and extend the time limit for specific customers, if fair and reasonable to do so. Overall, it predicted a positive impact on consumer journey times, allowing for a quicker handling and prioritisation of cases which require Ombudsman decision, as well as having the potential to remove the duplication of work or proportion of Legal Ombudsman complaints.

The MoJ monitors the ongoing performance of the Scheme and the impact of the rule changes through the regular assurance letters provided by the OLC to the LSB. In an assurance letter provided to the LSB on 7 August 2023, the OLC stated that the impacts of the new Scheme rules on customer experience will continue to be monitored.