80% of lawyer complaints in 2022 ended in no action.
That’s over 1,000 complaints. Investigated. Closed. All unresolved complaints, irrespective of merit, had to be referred to a Standards Committee. The process was mandatory. On 10 July 2026, that changed.
Prior to 10 July, the Lawyers and Conveyancers Act 2006 required the Lawyers Complaints Service (LCS) to refer complaints to a Standards Committee. The insertion of s 135A into the Lawyers and Conveyancers Act 2006 now lets the LCS triage complaints and decide whether further action should be taken.
How triage works
Section 135A grants the LCS the power to make an initial assessment of a complaint without involving a Standards Committee. If the LCS considers that the complaint falls within the specified grounds, it can end a complaint at the first hurdle.
The six grounds on which a complaint can be screened out on are:
- The complaint was delayed to the point that an investigation is no longer practicable;
- The subject matter is trivial;
- The complaint is frivolous, vexatious or not in good faith;
- The aggrieved person does not want action taken;
- The complaint is brought by someone with no sufficient personal interest; or
- The matter is better suited to an adequate alternative remedy (for example where civil remedies may be the appropriate means of redress or if other parties are involved).
Triage changes how complaints are sorted and dealt with from the start. Unmeritorious and hopeless cases are filtered out without the involvement of practitioners or their insurers, saving both time and money. Only complaints which pass the threshold requirements in s 135A will be referred to the Standards Committee.
Importantly, there is no right to review a decision of the LCS under s 135A.
Alongside triage: the Early Resolution Service
The Early Resolution Service (ERS) is another way an investigation by a Standards Committee can be avoided. Where the LCS considers that a complaint is unlikely to require a disciplinary response, it can be dealt with by the ERS.
The ERS encourages and facilitates the informal resolution of a complaint, such as by acting as an intermediary between parties. The ERS frequently assists where complaints involve low fee amounts, allegations of delay, file provision and communication issues. The ERS has a high success rate and is responsible for closing a significant number of complaints.
What this means for Insurers and Insureds
Triaging under s 135A and the ERS, provide pathways to a quicker and more cost-effective resolution of complaints and avoids the risks and costs of a Standards Committee investigation which can take months, and in some cases years, to reach a conclusion. It also avoids the risk of the matter being subject to review by a Legal Complaints Review Officer.
For insurers and insureds, the practical benefit is earlier disposal of low-merit complaints and fewer matters proceeding to a Standards Committee investigation. That should reduce defence spend and the flow of genuine matters should become more predictable to assess and reserve against.
The change does not alter insureds’ notification obligations. Even an early “no action” outcome may remain relevant at renewal, or indicate a pattern that matters later. The message is simple: keep notifying, and keep records.
Overall, the new triage regime is a welcome move toward a more proportionate system: one that directs finite resources to the matters that genuinely warrant them
If you would like to discuss what the new triage regime means for your book or your insureds, please get in touch with our Insurance team or your usual contact at Hesketh Henry.
