What the Legal Ombudsman does

Not every problem with a lawyer is a matter of professional misconduct. Far more common are complaints about the service itself: work that was delayed, costs that were not explained, calls that went unanswered, a job done poorly. For those, England and Wales has the Legal Ombudsman, a free and independent scheme that resolves disputes between people and the legal service providers they have used.

The Legal Ombudsman was set up under the Legal Services Act 2007 and is run by the Office for Legal Complaints. It is deliberately distinct from the regulators. Where the Solicitors Regulation Authority and the Bar Standards Board deal with whether a lawyer has breached professional rules, the Ombudsman deals with the quality of service a consumer has received, and it can consider complaints about a range of providers, including solicitors and barristers.

There is an order to the process. A client is expected to complain to the firm first and give it the chance to put things right, because most complaints are resolved that way and firms are required to have a complaints procedure. Only if that fails, or the firm does not respond within the time allowed, does the matter go to the Ombudsman, and there are time limits for bringing it. The service is free to the person complaining.

When the Ombudsman investigates, it looks at what happened and asks what is fair and reasonable in the circumstances. If it finds the service was poor, it can require a range of remedies: an apology, work to be done or put right, a refund or reduction of the fees charged, or compensation for the loss, distress or inconvenience caused. Its power to award compensation is capped, currently at £50,000, though that limit does not apply to ordering a firm to refund or reduce its own fees, which is unlimited. In practice most awards are modest, often only a few hundred pounds, with larger sums reserved for cases involving demonstrable financial loss.

The distinction between the Ombudsman and the regulators matters for anyone deciding where to take a grievance. A complaint that a bill was too high or a matter badly handled is service, and belongs with the Ombudsman. An allegation that a solicitor was dishonest, misused client money or otherwise breached the rules of the profession is conduct, and belongs with the regulator, which has the power to discipline. Serious cases can involve both, and the Ombudsman will refer conduct issues on where appropriate, but the division of labour is a useful map for a client who feels let down and is not sure where to turn.