The Legal Ombudsman Explained: How Complaints Against Solicitors Actually Escalate

Learnsignal Education Team
Updated

Every solicitor's firm is required to run its own first-tier complaints process, but when that process doesn't resolve a client's concerns, or simply doesn't happen quickly enough, the Legal Ombudsman is the independent body that steps in — a body whose jurisdiction extends beyond solicitors to costs lawyers and other regulated legal professionals too. Understanding exactly when and how that escalation happens is essential for anyone advising on, or working within, a firm's complaints handling.

The Legal Ombudsman investigates complaints about the service provided by a wide range of legal service providers regulated in England and Wales, including solicitors, licensed conveyancers, costs lawyers, and other authorised legal professionals. It deals with service complaints — poor communication, delay, or work not being carried out with reasonable care and skill — rather than acting as a disciplinary regulator; concerns about a solicitor's conduct or integrity are instead a matter for the SRA.

The eight-week rule

Firms are expected to resolve a complaint through their own internal process within eight weeks. If that period passes without resolution, the client can escalate to the Legal Ombudsman regardless of whether the firm's internal process has technically concluded. This makes eight weeks a hard operational deadline for firms, not just a target — a complaint still unresolved at that point creates a right to escalate that the firm can no longer control the timing of.

Time limits for referring a complaint

Once a firm has issued its final response, it must tell the client about their right to complain to the Legal Ombudsman and the applicable time limit — generally six months from that final response. If a firm fails to signpost this properly, the usual time limit protection for the firm can be lost, meaning a complaint can potentially be brought later than it otherwise would have been. There is also a longstop limit based on when the underlying issue or conduct occurred, independent of when a complaint was first raised.

How the Ombudsman's process works

Once a complaint is referred, the Ombudsman first checks it falls within its jurisdiction, then attempts early resolution informally where possible. Where early resolution doesn't succeed, the complaint moves into a fuller investigation, and if the parties still can't reach agreement, an ombudsman can issue a formal decision. Full investigations can take many months from referral to decision, considerably longer than the firm's own eight-week internal deadline, reflecting the more thorough, independent nature of the Ombudsman's review.

Remedies the Ombudsman can order

Where a complaint is upheld, the Ombudsman can direct a range of remedies aimed at "putting things right" for the client — this can include an apology, correcting or redoing work, refunding or reducing fees, and in some cases directing compensation for distress or inconvenience caused, subject to the scheme's rules and limits.

Why this matters for firms beyond the individual complaint

Beyond resolving the specific dispute, patterns in Legal Ombudsman decisions and published data are often used by the SRA and by firms themselves to identify systemic service issues — a firm that repeatedly generates escalated complaints in a particular practice area or from a particular team is likely to attract closer regulatory attention even where each individual complaint might seem minor in isolation. Firms that track their own complaints data against Legal Ombudsman outcomes over time often spot recurring service issues well before those patterns would otherwise surface through client feedback alone.

Building complaints handling into compliance training

Because the eight-week internal deadline and the escalation rules interact closely, firms increasingly build Legal Ombudsman awareness into the same CPD and compliance training that covers first-tier complaints handling, rather than treating the two as separate topics — a fee earner who understands what happens if a complaint isn't resolved in time handles the internal process with a different sense of urgency than one who sees it purely as an administrative formality.

Frequently asked questions

What's the difference between the Legal Ombudsman and the SRA? The Legal Ombudsman deals with service complaints and can order remedies like refunds or compensation; the SRA is the conduct regulator that can take disciplinary action against a solicitor or firm.

How long does a firm have to resolve a complaint before escalation is possible? Eight weeks, after which the client can refer the matter to the Legal Ombudsman even if the firm's own process hasn't concluded.

What happens if a firm doesn't tell a client about their right to go to the Ombudsman? The usual time limit protecting the firm from a late complaint can be lost, so proper signposting in the final response letter is important.

Can the Legal Ombudsman strike off a solicitor? No — that's a matter for the SRA and the Solicitors Disciplinary Tribunal; the Ombudsman's remit is limited to service-related remedies.

This page was last updated:

Learnsignal Education Team

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