Find out what resources and guidance are available from the Legal Ombudsman (LeO) and ICAEW when handling and resolving clients’ complaints.
The Legal Ombudsman (LeO) regularly publishes a report to provide helpful data about the complaints it receives and investigates, and how to avoid them.
LeO guidance: avoiding complaints when third-party delays occur
LeO reports that nearly half of all complaints it receives relate to concerns about communication and delay. In probate matters, delays can arise when firms are waiting for responses or actions from third parties such as the Probate Registry (HMCTS), HMRC, the Land Registry, or other external organisations.
Why keeping clients informed matters for legal service providers
While grant processing times at HMCTS have improved in many routine cases, complex or high-value estates can still face delays. Although firms are not responsible for these delays, a lack of communication remains one of the main causes of complaints. If clients have not been kept adequately informed, your firm may be required by the Legal Ombudsman to pay compensation and a case fee – even when the underlying delay was outside your direct control.
Keeping clients informed is especially important when working with bereaved families as even minor third-party delays can be distressing if not clearly explained. Clients and beneficiaries may not always distinguish between external and internal delays without proper context and may hold your firm responsible. In such cases, clear and proactive communication is critical to maintaining confidence and trust.
What does the Legal Ombudsman expect?
To deliver a reasonable standard of service during periods of third-party delay, LeO expects firms to:
- clearly explain the reason for the delay when waiting for input from a third party;
- continue progressing other aspects of the matter wherever possible;
- where possible, give clients an idea of the likely length of delay or changes in timescales; and (if applicable)
- contact third parties to try to progress matters if delays are unreasonable and it’s proportionate to do so.
Helping prevent complaints about third-party delays
LeO suggests that firms can minimise the risk of complaints by:
- providing an initial overview of the process and any potential third-party delay;
- keeping clients informed about progress, any changes and third-party delays; and
- explaining the measures being taken to prevent or mitigate third-party delays.
Good complaints handling
If a client does complain to you about a third-party delay, LeO advises firms to:
- be transparent about the cause of the delay;
- explain what actions have been taken to move the matter forward; and
- acknowledge where aspects of the firm’s service could have been improved.
Spotlight on: third-party delays
Read LeO’s Spotlight guidance on third-party delays to learn more about how to handle related complaints.
Next steps for firms
To reduce the risk of complaints, we recommend that probate firms:
- refer to LeO’s guidance on “Putting Things Right” when making an offer to resolve a complaint; and
- begin preparing for ICAEW’s upcoming regulatory changes on complaints handling, coming into effect this autumn.
Further information from LeO
Visit the LeO website for more information on helpful data about the complaints it receives and how to avoid them, including the following LeO web pages.
Other useful links
Address to contact Legal Ombudsman
LeO changed its postal address in 2024. Be sure that all your engagement letters, complaints information for clients or any written correspondence are sent to:
Legal Ombudsman
PO Box 6167
Slough
SL1 0EH
Visit the LeO web page for the most recent report on LeO’s annual trends in complaints accepted and resolved by them.
View LeO Complaints Information Reports