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

2. 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

3. 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

4. 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

5. 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…

6. Silent sufferers

7. 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

8. "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

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

10. 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? Legal Services

11. 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?

12. 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?

14. 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?

16. Vulnerable consumers

17. 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?