Legal Complaints & Regulation Act (Northern Ireland) 2016: Finally a New Beginning for Complaints

In April 2017 the Society published an article in The Writ on pending legislative changes which would alter the complaints landscape as we knew it. Eight years later, we are finally at the apex of these changes with the commencement of the Legal Complaints and Regulation Act (Northern Ireland) 2016 (‘the 2016 Act’) on 1 September 2025.

To understand how and why the complaints system is changing, it is important to acknowledge the history of its progression.

The Society has been undertaking significant preparatory works to ensure a smooth transition for practitioners and members of the public alike, as noted in the Lay Observer’s 2023/24 Annual Report. Whilst these changes have been almost two decades in the making, the Society is committed to ensuring that members understand and are prepared for what is to come.

The Society continues to provide a bespoke complaints series of CPD and Part 2 of the Society’s compulsory Risk Management CPD this year was dedicated to educating practitioners in this area. Updated communications have been issued throughout the year, and the Society’s website has been updated to ensure key developments are communicated effectively and accessibly for all. Members can now access published guidance and template documents to assist with ensuring compliance.

So, what is changing?

A Solicitors Complaints Panel has been established to consider in-house complaints received against sole principals who may not necessarily have the impartiality, or capacity, to dedicate time or resources to responding to complaints at an in-house level. The primary aim of this is early-stage complaint resolution to save both the client and solicitor the time (and sometimes expense) involved in pursuing or defending a complaint before the newly appointed Solicitors Complaints Committee (SCC).

A Solicitors Complaints Office (SCO) has been established within the Society to administer these applications and act as secretariat to the new SCC. The SCC will operate at arm’s length from the Society with a greater emphasis on independence and transparency of process. Whilst the SCO will deal with the administrative aspects of the investigation, all decisions will be made by the SCC.

The independent and majority lay-composed SCC has been established with Mr. Rick Hill appointed as Lay Chair, together with twenty-four new legal and lay members.

Mr. Hill has commented ‘I’m grateful to those solicitors who have joined the committee - we can’t provide the service without their help. I am also delighted with the diverse range of experienced lay members who bring their skills to the role.’

Mr. Hill’s intention for the SCC is ‘to build a robust complaint handling mechanism with appropriate oversight which will contribute to building public trust and assurance in the legal profession in Northern Ireland.’

The SCC will have increased sanctioning powers where service provision falls short of expected standards. Such new sanctions include:

a) Directing a solicitor to issue an apology to the complainant;

b) Awarding compensation to a complainant, up to a maximum of £5,000; and

c) Awarding costs against either the complainant or solicitor or both.

The Society has been successful in persuading all stakeholders that the additional sanction within the 2016 Act for the SCC to make a finding and direct compensation for negligence, would inevitably introduce unnecessary legal complexity in what is intended to be a consumer-friendly process. The 2016 Act as commenced on 1 September 2025 therefore does not enact this provision.

Lastly, the powers of the Legal Services Oversight Commissioner are now fully enacted which brings increased oversight of the complaints handling process. By consequence, the Society is required to collate statistics to monitor the effectiveness of these new changes. All firms are therefore required to submit an annual return of their in-house complaints.

Historically, the complaints statistics demonstrate that the majority of complaints stem from a lack of communication and understanding. This is likely to remain the common thread within the new complaints landscape; however, as each of the Lay Observer’s Annual Reports have commented, ‘the level of complaints made against solicitors in Northern Ireland remains very low.’

The Society is optimistic therefore that this will remain the case for the new system as practitioners familiarise themselves with the new processes, and ensure clear, consistent communication with their clients to avoid the possibility of complaint.

1976: The Solicitors (Northern Ireland) Order 1976 sets out the Society’s obligations to determine upon regulatory conduct and service provision complaints.

2006: The Bain Review proposes recommendations aimed at improving the existing system for service provision complaints handling by professional bodies.

2014: The draft Legal Complaints and Regulation Bill consultation is completed to make way for a more independent and lay-friendly complaints handling system.

2016: Introduction and enactment of some provisions of the 2016 Act including the role of Legal Services Oversight Commissioner with enhanced powers to audit, investigate, make recommendations, and set targets on the Law Society and Bar complaints handling processes.

2017: Ms. Marian Cree takes up the post of Northern Ireland’s first Legal Services Oversight Commissioner (and continues the dual Lay Observer role).

2025: The commencement of the 2016 Act on 1 September 2025 brings a new era for service complaints raised against members of the legal profession.

Shauna Thompson, Solicitor Complaints Manager, Law Society of Northern Ireland