Assessment framework (Archive)

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:

  1. 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
  2. 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.

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.