Barristers would have a professional duty to inform their chambers or the Bar Standards Board (BSB) of any complaints they receive, under proposed changes to the Bar Handbook.
In a consultation published last week, the BSB said it would analyse the data on complaints ‘on a regular basis’ to identify any trends or risks that might emerge. Failure to report complaints could be sanctioned by ‘regulatory action, including supervision and enforcement action’.
The BSB would provide guidance or even supervision to ‘barristers with disproportionately high levels of first-tier complaints, premature complaints to the Legal Ombudsman, or more generally identified weaknesses in complaints handling’.
The consultation, ‘New arrangements and rules for first-tier complaints handling’, closes on 6 August.
Mark Neale, director general of the BSB, said: ‘Consumers must have confidence that their complaints will be fairly assessed and dealt with efficiently, effectively and fairly at the first available opportunity.’
Under changes proposed by the Solicitors Regulation Authority (SRA) last week, solicitors would be obliged to give clients information on how to complain once their legal matter is concluded as well as on request or on receipt of a complaint.
Currently, solicitors must publish details of their complaints handling procedure on their website or make this information available on request if they don’t have a website. According to the SRA, only about 68% of firms with websites do this.
The SRA proposes changing the requirement to ensure complaints information is treated in the same way as costs—displayed in a place that is easy for the public to locate, clearly signposted and easy to understand.
Paul Philip, SRA chief executive, said: ‘Solicitors shouldn't be afraid of encouraging complaints.’
The SRA consultation, ‘Changing our requirements on first-tier complaints’, began last week and closes on 25 July.
