Navigating the maze Marlene Winfield OBE LEGAL SERVICES CONSUMER PANEL | April 2015

Who we are Provide independent advice on the consumer interest in legal services regulation Critical friend to help the Legal Services Board to “get things right first time” Represent different types of consumer Individuals, small businesses, small charities Prioritise “vulnerable consumers” 8 lay members plus a small secretariat

Our principal activities Publishing policy reports and think-pieces Commissioning consumer research Responding to consultations Seminars, workshops, training Providing an evidence-based consumer perspective at external events

The starting point A shift in mindset is required...which requires service providers to ask not “What is wrong with this person?” but “What is wrong with my service if this person cannot access it? Citizens Advice, Tackling Consumer Vulnerability, an action plan for empowerment, December 2012

Early decisions for complainants What do I want to achieve? Is it worth the trouble? What do I need to do to succeed? Can I do it myself? How do I start? Just getting to that point is complex…

Silent sufferers

The redress landscape is a maze Lack awareness of the complaints system and how it works Do not distinguish between ‘first tier’ and ‘second tier’ complaints Confusion between redress and regulation Feel process is stacked against them Research with the Legal Ombudsman, 2012

"The more formal it gets with them, the less you're likely to ever get anywhere, because they'll win at that. They'll always win at that. It's what they do day in and day out.“ YouGov, Consumer Experience of First-Tier Complaints Handling, August 2012 LEGAL SERVICES CONSUMER PANEL | June 2014 8

Other barriers to complaining Fear of the consequences on relationship and ongoing transaction Defensive response Jargon Gaps in coverage

Future trends will affect the maze DIY/unbundling of professional services Technology including online dispute resolution Consumer behaviour - strengthened rights/ rising expectations Market changes – a widening range of service providers New types of detriment ADR Directive? 2020 Legal Services

Raising awareness As the landscape becomes more varied, who is responsible for signposting consumers? How is it best done? Consumers are most likely to pay attention when it becomes relevant. Can you be more creative about how you raise awareness? Where do you go for inspiration?

Redesigning the maze Low recall across sectors of service provider telling consumer about ombudsman/ADR schemes – time for signpost redesign? Complaints data holds a wealth of information to help you improve navigation for consumers – how well do you use yours? Behavioural economics can help design services to best effect for consumers – do you apply it? If you don’t fill information and support gaps, are you happy for intermediaries to do it for you?

Consumer principles: how do you rate? Access – can people get the services they need or want? Choice – is there any? Safety – are the services dangerous to health or welfare? Information – is it available, accurate and useful? Fairness – are some or all consumers unfairly discriminated against? Representation – do consumers have a say in how services are provided? Redress – if things go wrong, is there a system for putting them right?

Vulnerable consumers

In sum, questions to ponder Do consumers know you exist? Do you know who doesn’t know? Do consumers know what you can and cannot do – and where else to go ? Can you make that easier? Do consumers find your processes easy? How can you be sure? Can you spot the barriers? Do you seek feedback? Is there adequate information and support throughout your processes, including for those needing extra help? Are you making the most of technology and tools to help consumers navigate your service? Whom should you be collaborating with to make the maze as easy as possible to navigate? Can the wider landscape be simplified?