Cara Elliott, Policy and Public Affairs Advisor at ACSO, discusses its recent report exploring the challenges vulnerable consumers face when accessing legal services and sets out recommendations for the legal sector to ease the consumer journey.
Vulnerability affects millions of consumers in the UK who suffer from a range of conditions from disability to depression. According to the Financial Conduct Authority (FCA) Financial Lives 2020 survey, 46 per cent of UK adults display at least one characteristic of vulnerability. It is therefore crucial that legal services providers are consistently mindful of the barriers that vulnerability can create for these consumers, not least to their access to justice.
In its recent report, the Association of Consumer Support Organisations (ACSO) has explored the numerous challenges faced by vulnerable consumers when accessing legal services; these range from staff failing to recognise vulnerable characteristics to websites being inaccessible to those who are blind or deaf. As a result, many vulnerable consumers expect their experience of legal services will be complicated, stressful and ultimately not worth the time and hassle. In light of this, ACSO has made some recommendations to the legal services sector to help ease the consumer journey.
1. Collaboration, through data-sharing, lobbying and other means, is necessary to ensure consumers receive the best service possible.
With many vulnerable consumers experiencing issues in the sector, data-sharing will help to facilitate widespread best practice and secure a better outcome for consumers and businesses alike. Alongside this, allowing consumers to share their data securely with third parties could reduce the effort involved in shopping around for legal services and assist the time-poor.
2. Technology within the legal services sector should be adopted with vulnerable consumers’ interests at the forefront.
Though technology allows for new ways of working with vulnerable or hard-to-reach communities, excessive adoption could result in vulnerable consumers not being identified and an alienation of the approximately 1 in 10 people in the UK who are considered to have no digital skills.
While many of these challenges can be anticipated, others will not become apparent until the technology has been tested or indeed implemented. As such, there is a need for consistent review of technology to ensure fairness for consumers.
3. Businesses should consider mandatory vulnerable-consumer training for those in legal-services-based consumer facing roles.
Accessing legal support can be particularly difficult for those who are vulnerable. Legal jargon, information overload and filling out lengthy forms can distress vulnerable consumers – especially those with learning difficulties or dementia, for example. Simple steps can be adopted by staff to improve the consumer experience, such as:
- staff speaking clearly and making direct eye contact with their client
- adding Post-It notes next to legal phrases which explain what they mean in simpler terms
- using hearing loops to ensure those hard of hearing can be present in meeting rooms.
4. Consideration of remote medical examinations and rehabilitation with more research must be carried out to ascertain fully the consumer appetite for remote services.
Throughout the pandemic, an increasing number of consumers have enjoyed the benefits brought about by remote services. For those who fall into the vulnerable category, this can be particularly advantageous. Indeed, sufferers of serious injuries which requires rehabilitation may find a remote service could reduce anxiety and relieve the pain that may arise when travelling to a clinic.
A recent survey by Minster Law revealed that remote medial assessments for motor-related personal injury claims during the Covid lockdowns boasted an 80 per cent satisfaction rate. It is therefore of concern that MedCo intends to return to its previous ban on such services from 1 July 2022 without undertaking comprehensive research on the consumer experience here. It is that above all which should dictate policy direction.
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