News/Events

The PPR Forum Meeting at the HoC on 28th November was attended by 30 key stakeholders in the sector. Kate Hoey MP hosted the event to show her support for the work of the PPR. The PPR is now recognised as the voluntary over-arching regulator for all those who offer legal services or give legal advice in the unregulated sector.

Sean-Randall Morris, Chairman of the Regulatory Committee has given the green light for the PPR to be able to regulate individuals across the globe, as the over-arching voluntary regulatory regime is suitable for all those who practice English Law.

Paralegals are to be encouraged to join the PPR as are membership bodies who operate self-regulatory schemes that in the main offer no real protection for the consumer.

Derek Wood, CBE, QC has launched a supporters group for the PPR with many stakeholders signing up including the Legal Ombudsman; Which? Legal; The Citizenship Foundation and many more. The supporters group assists with the commitment of the PPR and its recognised bodies to enhance PLE.

PPR Paralegal Practising Certificates issued by the PPR are the only practising certificates that ate authorised by the over-arching regulator.

 

Pictured below from L to R:

Rita Leat, Managing Director, PPR; Baroness Diane Hayter of Kentish Town; Kate Hoey MP, Ian Grant, Director PPR

 

The Professional Paralegal Register is the only independent voluntary regulator for the unregulated legal services market that covers all persons who practice law and/or offer legal services to the consumer.

Our regulation is robust and carries a compensation fund for consumers who in certain circumstances, where their complaint has been upheld by an independent regulatory board, may gain redress.

But what is the difference between this and self-regulation via a membership body?

Quite a lot!

The whole point of establishing the PPR was to fulfil the recommendation of the Legal Education and Training Review, that a voluntary regulator for unregulated legal service providers should be formed – quite simply put, self-regulation by membership bodies was not good enough. In the most part, it is totally ineffective to provide any real redress for the consumer.

Regulation is more than just issuing a certificate or a licence – it is a commitment to providing those who choose regulation more than just a complaints procedure. It is about compliance.

The paralegal sector is not regulated by government and so it is true that Paralegals do not have to sign up to any kind of regulation, but if they do then they should only look at independent regulation with a strong emphasis on compliance and actual redress available for their clients. The PPR advises all Paralegals to only pay for proper regulation and not a badge or licence that is not worth the paper it is written on.

At the PPR we focus on compliance and member safety. We are introducing new levels of protection to PPR members and extra checks to ensure compliance. We have regular meetings with the Legal Ombudsman to ensure that we are working appropriately.

The PPR has contacts with government and will be holding an event at the House of Commons soon to further promote the Paralegal profession to government and other key stakeholders.

We are regularly invited to speak at the Legal Policy Forum and have once again been invited on the panel of their next Regulation discussion. We have also been asked for the second time in as many months to write an article of legal regulation focusing on current proposals from the sector.

So, let’s have a look at the actual difference between self- regulation and independent regulation that the PPR offers:

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	NALP	IOP	PPR
1st Level Complaints	Complaints Procedure for 1st level complaints	Complaints Procedure for 1st level complaints. Strict timetable and procedure is followed by the IoP complaints coordinator with some decisions being referred to the Chief Executive.	Has recognised membership bodies who deal with 1st Level Complaints
2nd Level Complaints	Licenced Paralegals – membership body offers 2nd level complaints – in house by the Membership Body.	IoP is a membership body and not a regulator- it passes 2nd tier complaints to the PPR as an independent regulator- following best practice that representation and regulation should be independent. A strict timetable and procedure is in place.	PPR will deal with complaints regarding conduct of its registered members and will deal with complaints about conduct and services for those who hold practising certificates.
Appeals	Appeals are taken to the board of NALP by the CEO.	Appeals are handled by the independent regulator.	An appeals committee is formed by members of the RRC and any other independent expert necessary to hear the appeal.
Redress	Redress- with or without a licence is the same- mainly reprimand or termination of the member from the NALP	Redress- mainly reprimand or termination of the member from the IoP	A full list of sanctions is available to the Regulatory Committee including the award of compensation to the consumer in certain circumstances. The decision of the RRC is completely independent and uninfluenced by the membership bodies who would otherwise have an interest of keeping their member. This scrutiny also applies to the Recognised Body itself in handling the first tier complaints – if they do not handle the complaint to the satisfaction of the PPR then their member and the consumer will be made aware of this.

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Now let us look at the credibility of three types of ‘regulation’ currently available (generalisation only as there are a diverse range of membership bodies):

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Credibility / Robustness	General Membership Body Self- Regulation	NALP Licence	PPR Paralegal Practising Certificate
Application Criteria	Yes	Yes	Yes
Code of Conduct	Yes	Yes	Yes
Membership Level Criteria	Yes	Yes	Yes
Qualifications	Yes	Yes	Yes
Experience	Yes	Yes	Yes
CPD Requirements	Yes	Yes	Yes
PII Required	No	Yes	Yes
Ability to reprimand members	Limited	Limited	Yes
Ability to compensate consumers	No	No	Yes
Has extensively consulted with other regulators on its regulatory scheme to ensure fitness for purpose	No	No	Yes
Has received support and on-going dialogue with the Legal Ombudsman	No	No	Yes
Has received support and on-going dialogue with the Legal Services Board Consumer Panel	No	No	Yes
Has consulted with and has continued dialogue with the Legal Services Boar	No	No	Yes
Has an independent regulatory board with an international arbitrator as the Chair and an ombudsman on the panel	No	No	Yes
Has contacts with the government for the continued promotion of its regulatory scheme	N/A	N/A	Yes
Has practising certificate rules reviewed by all key legal stakeholders	No	No	No
Has strict criteria for providing evidence of suitability to practice that is independently verified away from the Recognised Bodies or membership bodies	No	No	Yes
Has professional standards mapped to its regulatory structure	No	No	Yes

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The PPR focuses on regulation and compliance. Our policies and procedures are regularly reviewed and updated by our Regulatory Board. The PPR also uses consultants when expertise is required in specific areas.

Compliance is evaluated through CPD checks, regular checks of members websites, requests to see members policies and procedures and member engagement.

The PPR have adopted the IoP Professional Standards as standards as the IoP is the only government recognised professional body for Paralegals. The standards are mapped to the National Occupation Standards for legal services and are therefore compliant with best practice.

These standards have been mapped to the PPR Tiers of the PPR as can be seen below:

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Competency Level	Definition	Knowledge	Application	IoP	PPR
Expert Practitioner	The highest level of knowledge and application – Expert	Expert	Constant		Tier 4
Accomplished Practitioner	An Advanced degree of knowledge and consistent application	Master	Constant		Tier 3
Competent Practitioner	Full knowledge with experience and application	Full	Regular		Tier 2
Novice	Limited or no knowledge or experience – potential to develop	Some	Limited		Tier 1

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Obtaining a Paralegal Practicing Certificate enables Paralegals to feel confident in the professional and independent nature of its regulator. It provides for real consumer protection and is a flagship service for the sector.

If you choose to be regulated then make sure that it is independent from your representative body if you want it to be more than just a badge.

24th July 2017

We have had queries regarding video publications made by NALP inferring that the PPR values have changed, and it has become incumbent on me to answer those queries.

The PPR was set up by NALP and IoP as a direct response to recommendations made by the LETR that a regulator should come forward for the unregulated sector.

Both organisations committed to developing such a voluntary regulatory scheme for the benefit of the sector and for greater consumer protection. These values set up by NALP and IoP remain unchanged.

The NALP were present and active at the PPR Conference on 22nd June and our values have not changed since that date, when one can assume that NALP agreed with our values. We are unable to comment further on what NALP believe is a change in our values as they have declined to provide any clarification.

The success of the PPR is dependant on the vetting of membership bodies to ensure that they meet the required standard in ensuring their application processes reflect good practice and that they have a sound, fair and reasonable complaints procedure to handle Tier 1 and 2 complaints prior to being finally reviewed and adjudicated by an independent regulator where required. These values remain unchanged.

For accountability and credibility, it is vital that the sector has an independent regulatory scheme. The IoP previously issued ‘Practising Certificates’ which was wholly inappropriate, as a membership body should not act as a regulator during the final outcome of a complaints process. The IoP withdrew their practising certificates and embraced the new regulatory regime and now has a high number of IoP members registered or regulated by the PPR. The IoP remain committed to the PPR as removal would be a great detriment to their members and to the sector as a whole.

The NALP maintained its ‘Licensed’ Paralegals, very small in number, assuring the PPR that this was a ‘Membership Level’ only, as there was no substance behind it and not an actual licence to practise. Unfortunately, the NALP decided to maintain its ‘Licensed’ Paralegal status which the PPR felt was confusing for the consumer, and therefore in this context, the NALP did not embrace the new regulatory regime to the same extent as the IoP.

The PPR values have not changed and we firmly believe as do our supporters from the Legal Ombudsman’s office that independent regulation is vital.

The PPR is shocked and saddened by the actions of NALP in deciding to promote a Licensing Scheme with no discussion with the PPR or any other of the key legal stakeholders. We do not believe that this is in the best interests of the sector or consumers.

We would expect any of our Recognised Bodies to consult their members before withdrawal from the PPR so that we can ensure that they can be accommodated without unnecessary detriment being caused. We will be seeking to include this in our rules going forwards.

The PPR is a voluntary Regulator and not a membership body and it spent almost two years consulting with key stakeholders before it was robust enough to offer the credibility and accountability that a regulator should do.

There are many membership bodies offering self-regulation with no substance behind them and no real redress for consumers. This is what NALP and the IoP have fought against. It would appear that perhaps NALP’s values have changed and not the PPR’s.

We do not recognise any membership body’s self-regulation certificates or licences as this would be a bleak step backwards for the sector and for consumer protection.

The PPR remains focused on what is right and will continue to support the sector to promote its members as the Fourth Arm of the Legal Profession.

Regulation for Paralegals is voluntary and we would advise all Paralegals who choose to be regulated to choose wisely.

 

Dear PPR Members

In light of NALP’s sudden withdrawal of the PPR it has been incumbent on us to try and aid those members that have been affected by this action.

NALP have not discussed with us any plans that they have put in place to support their members, who are also members of the PPR, financial or otherwise, and we have received many calls from distressed and upset PPR/NALP Members and therefore feel that we should respond in an open and transparent way.

The PPR requires all members to be a member of a Recognised Body and through NALP’s sudden withdrawal, NALP members that we have spoken to feel that they have been left without a Recognised Body at no fault of their own.

The Chairs of our Boards and the Directors have worked tirelessly over the last three days to ensure that our members and consumers are protected.

The PPR has therefore published guidance and has actively sought assistance from all the other RB’s during this difficult time. If you wish to continue to be regulated by us then we suggest that you take action. Action to find out how we and the other RB’s can assist you and action by ensuring that you receive information from NALP.

The PPR has been established now for over two years and we have great supporters in the legal sector for what we do and what we have achieved. We are not a membership body with a code of conduct tagged on, we act as a full voluntary regulator to ensure that our members and consumers are protected. Just take a look at our conference video and see the statements made by the Chief Legal Ombudsman (now up on our website).

We have two independent and professional boards that safeguard all that we do to bring you a robust regulatory scheme.

The PPR’s members are the rising stars for the sector proving themselves as not only competent and professional but also accountable. It took over two years to set up to ensure that the PPR was robust and effective.

We have great integrity and are open and transparent in all that we do and we expect our Recognised Bodies to have the same behaviours, and where they do not, then they will cease to be compatible with our aims. We have robust complaints procedures and will take our Recognised Bodies to task if they fail to meet our standards. This is what you can expect from us as your voluntary regulator.

We have been told by a distraught PPR/NALP member that NALP is offering an ‘alternative’ to the PPR, a ‘Licence’ to practice and a new Licensed Paralegal Register (LPR) and we have been asked to comment about that. We have no information and so we cannot comment, but we shall seek to ensure that consumers and Paralegals are not set back to the time when Paralegals traded on a badge with no substance behind it. The PPR is not a representative body it is a regulator.

We have also taken two calls from concerned members who are worried that they cannot move to another Recognised Body for fear of not being able to complete their NALP course. Again we cannot comment on NALP policies but would advise that you seek assurance from NALP or Ofqual that you can complete a course that you have started if you choose to move to another Recognised Body for regulatory purposes.

The only valid regulated Licence in the legal sector is that held by Licensed Conveyancers who are regulated by the Legal Services Board.

The PPR can confirm that it disapproves of the actions of NALP, a former Recognised Body and is sympathetic to the PPR members that have been affected because of this.

Part of being a voluntary regulator is the ability to steadfastly stick to our principles when our aims are challenged or threatened and as Directors and Board Members we need to have resilience to ensure that it is business as usual. I am very proud to say that we can and will do that on your behalf.

We are delighted however, that we had a record number of applications for Paralegal Practising Certificates last month, which shows the value that you place in being regulated by us.

We also have two interested parties that wish to join as new Recognised bodies, which will further give you choice in the future.

On top of that we are awaiting confirmation of the date for our next event that we are holding in the House of Commons that is kindly being hosted by another great supporter, Kate Hoey MP.

The PPR are also launching a consultation in September regarding rights of audience for PPR regulated Paralegals, something that can only be achieved with the reputation and reassurance of robust voluntary regulation provided by the PPR.

I do hope that this information is useful and please be assured that we are here to assist you in your endeavours to be the only professional regulated Paralegals in England and Wales.

 

Rita Leat

Managing Director, PPR

 

The PPR sadly says goodbye to Amanda Hamilton as a founding Director of the PPR, who has resigned for personal reasons. We can however say hello to our newly appointed Director, Ian Grant who is a lawyer of many years standing and has been involved in the Paralegal sector for many years. Ian will bring with him a wealth of legal and sector knowledge. Ian commented,

‘I am delighted to be appointed as a Director of the PPR as it is an organisation that promotes a voluntary regulatory scheme for Paralegals and protects consumers, both of which I firmly believe are required to encourage a diverse legal services industry’

The PPR has bid a fond farewell to Chris White who was the inaugural Chair of the PPR Advisory Board as he takes up new challenges in his career.  The PPR would like to thank Chris for all his work and support and wish him well in the future.

The PPR welcomes the incoming Chair, Sarah Docx, who has many years experience working within Financial Regulation as a Financial Services Compliance Officer.  You can see Sarah’s full bio under the Home Tab:  The Boards – The Advisory Board.

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