Legal Ombudsman case fee consultation – Law Society response

01 Sep 2025

1 minute read

The Legal Ombudsman (LeO) has proposed to:

increase its case fee, and
introduce a regular review mechanism to raise important questions about proportionality, fairness, and the sustainability of legal services

We accept this but insist that regulators should ensure that any changes are evidence-based, transparent, and do not adversely affect access to justice.

The proposals

LeO is consulting on proposals to:

increase the case fee from £400 to £600 (revised from an earlier proposal of £800)
introduce a regular review mechanism for the case fee, potentially every five years
make changes to the Scheme Rules to support these reforms
explore new initiatives such as “Tailored Support” and “Model Complaints Resolution”

Our view

We support the need for LeO to be adequately resourced, but any increase in the case fee must be:

proportionate – the revised proposal of £600 is more reasonable than the original £800. However it still poses risks for firms operating on narrow margins, such as those in legal aid or residential conveyancing
evidence-based – LeO must demonstrate how fee increases will improve service delivery and justify any additional expenditure, especially for new initiatives
fair – the fee should not disproportionately affect firms in high-risk or contentious areas of law. A full equality impact assessment is essential
efficient – LeO should robustly apply its early resolution powers to filter out unfounded or vexatious complaints. This will preserve resources for substantive cases

We support the use of the case fee as a behavioural tool to encourage early resolution of complaints within firms, but caution against punitive impacts on smaller practices.

What this means for solicitors

These changes are a necessary response to inflation. Most firms should not experience any substantial negative consequences.

However, there is some risk for smaller firms, particularly those in rural or underserved areas. These firms may be disproportionately affected by the proposed fee increase.

In those limited instances, this could lead to:

reduced viability of certain types of work (for example legal aid and conveyancing)
increased costs passed on to consumers
potential growth in “advice deserts” where access to early legal advice is limited