Regulatory performance

We hold the legal services regulators to account for their performance, this is key to delivering public confidence in legal services and is a core statutory function. Through it, we drive improvements in the regulators’ performance and encourage them to be well-led organisations who strive to be more effective and efficient.

Regulatory performance assessment framework

We monitor, review and assess regulators under our regulatory performance assessment framework to ensure they meet the minimum expected standard of performance across the regulatory performance standards. More detail about the framework, including process documents, is available on the regulatory performance assessment framework.

Consultation on the LSB’s regulatory performance framework and proposed regulatory independence monitoring

Decision Document [PDF]

Regulatory Performance Standards Addendum [PDF]

Regulatory Performance Standards Framework Chart [PDF]

In our decision document Internal Governance Rules – Enhancing regulatory independence, published on 24 July 2019, we explained that we would be gaining assurance on compliance with the IGR through the regulatory performance framework. This addendum to the regulatory performance framework means:

the addition of a new outcome to the Well-led standard in our regulatory performance framework which will apply to all Approved Regulators and Regulatory Bodies to monitor regulatory independence; and
the inclusion in our regulatory performance framework of the six Approved Regulators that also have separate Regulatory Bodies but only in relation to monitoring their delegation and assurance of regulatory functions as required under the IGR

Regulatory performance reports

When we undertake a review of regulatory performance, or a thematic review, we publish a report on our findings. These reports are available on the regulatory performance assessments reports.

Further information

For further information, please contact Angela Latta.

Regulatory performance assessment process

Current framework

Our regulatory performance framework is proportionate, risk-based and evidence-based.

Through it, we determine whether the regulator has met the minimum expected standard of performance across the five regulatory performance standards:

Regulatory Approach
Authorisation
Supervision
Enforcement
Well-led: Governance and Leadership

In order to assure ourselves of performance, we assess a range of evidence sources including a performance management dataset that the regulators report to us, stakeholder feedback and publicly available documentation such as Board papers and minutes. If we are unable to assure ourselves of performance through an assessment of available evidence, or we have reason to be concerned about the regulator’s performance, we may undertake a review of their performance against one or all of the standards.

The following documents detail how we assess performance under the framework:

The current framework was published in December 2017 and is currently being implemented. Transitional reviews will be performed over an approximately 18 month period from April 2018. With the revised framework fully implemented once these reviews have been completed.

Development of the current framework

In 2017 we reviewed the framework and consulted on a revised framework. The revised framework builds on our previous work and benefits from the learning we have gained from reviewing other processes and speaking with stakeholders and interested parties.

We reviewed our approach to ensure it:

provided sufficient assurance about how the regulators are performing
operated in a risk-based, proportionate and targeted way
clearly linked to the regulatory objectives and the better regulation principles

Further information on how we developed our current regulatory performance framework can be found in the closed consultations section of our website and the related decision document.

The previous framework

Our previous approach to assuring ourselves, the public, consumers, the professions and others about the performance of the regulators was developed in 2011. We used this approach when carrying out regulatory standards exercises in 2012/13, 2015 and 2016, and when we sought an update on regulatory performance action plans in 2017. Information about how the process was developed can be found in our 2011 discussion paper and the related decision document.

Further information

For further information, please contact Angela Latta.

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Regulatory performance reports

We hold the legal services regulators to account for their performance through the operation of our regulatory performance assessment framework.

Where we undertake a review of performance, we will collate and analyse the information generated through the review. This will form the basis of a report providing an assessment of performance. The report will highlight areas where a regulator’s performance has met or has not met the standard(s). Reports will not routinely include all data or evidence gathered on which our assessment is based.

We may also from time to time publish a thematic report which highlights the general learning and good practice we have identified across our regulatory performance work.

Performance assessment reports and thematic reports will be published on this page.

Current performance assessment

In November 2019 we completed a review of the regulatory bodies’ progress against outstanding required outcomes. A report on this progress review is available below.

LSB Regulatory performance report December 2019

November 2019 performance assessments for each of the regulatory bodies are available below.

November 2019 performance assessments

January 2019 Transitional assessment report

In January 2019 we published our transitional assessment of each legal services regulatory body against the LSB’s revised regulatory performance standards. The report included action plans for each regulatory body for any outcome(s) which are not yet met. The report and action plans are available below.

Regulatory performance transitional assessment report (pdf) (January 2019)

Under the regulatory performance framework the regulators performance is kept under ongoing review.

June 2019 performance assessments

In June 2019 we completed a review of the regulatory bodies’ progress against outstanding required outcomes. A statement on this progress review is available below.

Regulatory performance update – six months on (August 2019)

June 2019 performance assessments for each of the regulatory bodies are available below.

Bar Standards Board

Performance assessment

CILEx Regulation

Performance assessment

Council for Licensed Conveyancers

Performance assessment

Cost Lawyers Standards Board

Performance assessment

Institute of Chartered Accountants in England and Wales

Performance assessment

Intellectual Property Regulation Board

Performance assessment

Faculty Office

Performance assessment

Solicitors Regulation Authority

Performance assessment

2015/16 Regulatory Standards reports and action plans

In May 2016 we published our Regulatory Standards Thematic report and the individual performance reports for each of the regulators. We then reported in June 2017 on the progress made by each regulator against their action plans. Overall, significant progress had been made by the regulators in implementing the improvements set out in their action plans.

Regulatory Standards reports (May 2016):
Regulatory Standards Thematic Report

Regulatory Standards reports (May 2016):
Bar Standards Board

Action plans:
Action plan