LeO confirms when changes to Scheme Rules will come into effect

The Legal Ombudsman (LeO) has confirmed that changes to its Scheme Rules, which will aim to make it harder for clients to complain about legal services, will come into effect on 1st April 2023.

One key change outlined in the new Scheme Rules is the time limit for referring a complaint to the Legal Ombudsman, which from the above date cannot be 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.

It must be noted that LeO will retain the ability to apply Rule 4.7, which allows an Ombudsman to exercise discretion to extend the one-year time limit for specific customers if, on the evidence, it was fair and reasonable to do so.

On what firms should consider regarding the change to time limits, LeO said:

“The communication of the change to time limits is key and it will be important that the communication service providers provide to their clients is amended from 1st April 2023 to reflect the new time limits.

This will include information published on service providers websites as well as any signposting or guidance document providers may use which outline when a complaint can be taken to the Ombudsman.

The Legal Ombudsman will also ensure that information and guidance on time limits is clear and accessible through all of its customer channels. The circumstances in which discretion can be exercised and how customers can request that it be exercised will also be published on LeO’s website.”

LeO said the aim of the review of its Scheme Rules was “to improve the customer experience by enhancing operational efficiency, removing historic obstacles to resolving cases both quickly and with minimum formality, and to create a platform for the continued evolution of the Scheme in the years to come”.

Details on other changes coming into effect, especially with regards to the Ombudsman’s discretion to dismiss or discontinue a complaint and escalation of cases to an Ombudsman for a decision, are available here.

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