The consultation received responses from three ICAEW-accredited probate firms and one consumer organisation. We are grateful for all of the responses we received. A summary of the results and intended next steps is shown below.
Consultation feedback
Feedback from Firms
All responding firms welcomed the proposal to include the right to administer oaths within ICAEW’s regulated services. One firm noted that current regulations present a barrier to offering streamlined probate services. Another commented on the difficulty in locating law firms to administer oaths, especially since many now operate remotely. No comments were received on the changes to complaints handling.
Consumer organisation feedback
The response from the consumer organisation included suggestions for how the proposed changes to first tier complaints handling and oaths should be communicated, monitored and enforced. In terms of data collection, the organisation suggests collecting data on client demographics and satisfaction and including standard complaint categories. They also suggest ensuring that firms’ complaints procedures note the difference between service and conduct complaints and how they should be made to a regulator. The consumer organisation also notes that ICAEW’s new definition of a complainant includes current and former clients and trust and estate beneficiaries, while the LSB defines a client as a ‘person for whom the authorised person acts, including prospective and former clients’.
In relation to oaths, the consumer organisation stressed the need for practitioners to be trained and reminded of their ethical obligations and any statutory changes to the administering of oaths through continuing professional development.
ICAEW’s response and next steps
Following the consultation feedback, we have amended paragraph 2.7 (p) to clarify that the complaints information required from accredited firms is non-exhaustive.
2.7 An accredited legal services firm and its principals and employees must at all times:
p. provide ICAEW with a periodic return in relation to its activities and any complaints received about its legal services during the period as an accredited legal services firm. The complaints information to be provided in the periodic return must include, but is not limited to:
- the number of complaints received
- the category of complaints received
- the number of complaints resolved within 8 weeks.
We acknowledge that prospective clients can also raise complaints with the Legal Ombudsman in certain circumstances. To ensure that complaints can include interactions before consumers become clients, the definition of a complainant will be amended to include prospective clients. Currently, the regulations do not define clients. To improve clarity, the LSB’s S112 definition of a client will also be included in the revised regulations.
We note the overall support for the proposed changes to the Regulations. The amendments were approved by the ICAEW Regulatory Board in May 2025. Subject to approval from the Legal Services Board, implementation is anticipated in autumn 2025.