In reviewing the first year of the consumer complaints board, Shamit Sagaar explains how a culture of realism can help a modern redress organisation.




The establishment of the Consumer Complaints Board (CCB) on 1 January 2006 was a critical moment for the Law Society.



The strategic handling of complaints by the Society prior to that point had suffered from a lack of independence. In addition, there had been well-founded concerns about the profession’s willingness to confront the scale of complaints.



But that was the past. The legacy the board inherited was challenging, to say the least, but it also offered a real opportunity.



Our new start has facilitated the chance to establish a properly informed dialogue with stakeholders, many of whom hold important insights on modern consumer redress. In addition, we have been keen to shift the focus outwards to learn from other professions and industries.



The CCB would be the first to recognise that the performance of the Consumer Complaints Service (CCS) has, at times, been characterised as poor or patchy, and, yes, there was perhaps also an element of denial in relation to performance.


But no one can question the fact that things are getting better. We need to do much more, but there have been real improvements in the past 12 months. Since 2003, we have seen an increase in the number of cases closed within three months from 45% to 57%, and the number closed within 12 months has risen to 93% from the 2003 figure of 89%.


As we approach the end of the CCB’s first year, we have introduced a new culture of realism that is founded on independence backed by some real ambition. Our aim is to build a modern, 21st century, consumer redress organisation within the legal arena, and we recognise that our efforts will, in the end, be judged by our reputation in the eyes of consumers and the profession.



We need to deliver in line with the thoughts of Sir David Clementi, who called on us to embed consumer culture in our work; Sir Stephen Lander, the Law Society’s former independent complaints commissioner, who said we need to re-engineer a consumer-centric service; and Legal Services Complaints Commissioner Zahida Manzoor, who said the CCS has incentives to improve and deliver.



So what does success look like for the CCB and the CCS? Our new-found independence must be guarded jealously because the ambitions of the CCS would be difficult to imagine in the absence of an independent, public interest-driven board that has responsibility for setting the policy and strategy of the service. Looking ahead, independence should allow us to embrace and make particular policy decisions that the Law Society itself could not make, and arguably would not make. This is not a criticism of past arrangements as such. Creating a consumer-centric culture for the CCS requires us to be bold and not to be constrained by narrow interests.



Take the example of vulnerable consumers. A modern organisation is not only about making it easier for those who already know how to lodge their complaints. It also has to be about assisting and reaching out to those who are unable or unsure. Their needs are equally compelling and the CCS has to have credibility in their eyes.



Regarding performance, the CCS must seek to be excellent in everything that it does. A patchy record is not going to be enough, and this drives our determination to be the best consumer redress organisation. Although big strides in performance have been achieved over the past two years, the CCS recognises that it needs to improve further, in particular in reducing the lifespan of some files, especially those of cases older than six months.



Other key quality areas currently high on our agenda relate to the provision of 30-day updates to complainants, and the sharing of indicative awards guidance. We accept that there is room for improvement in each of these areas.



But the biggest gain will come from the CCS having an appetite to learn and borrow from best practice in the field of consumer redress. There are many sources available for fresh thinking, but equally important is an ongoing dialogue with our key stakeholders.



There are other vital areas where it is important for the CCS to take a lead. We need to develop an intelligent interface between consumer redress and regulation. This should also be closely aligned to our prevention agenda, which needs to maximise the educative and preventative effects of our service for solicitors, who can learn about their own service from complaints that are received, and for consumers who need to be empowered and supported in their demand for a better service.



At the recent CCB autumn workshop, Department for Constitutional Affairs minister Bridget Prentice spoke of the government’s desire for more work to be done on prevention. There are benefits for both the CCS and the profession from this work, with complaint profiles often being highly informative when it comes to identifying shortcomings in the service provided by particular firms.



We also need to ensure that we have the systems and resources in place that allow us to detect and act on large-scale consumer detriment, as has recently been highlighted in relation to miners’ compensation claims.



It is the belief of every CCB member that our championing the public interest will result in real benefits for both consumers and the solicitors’ profession.



Shamit Saggar is the chairman of the Consumer Complaints Board