Effective regulation is informed by consumers’ ​​​​​​​needs and experiences​​​​​​​

It’s definitely true to say that regulation can be technical. That’s why it needs to be informed by experts in the goods or services being regulated. But it is also fundamentally about what we as consumers or users of a service should be able to trust and expect. So it’s also vital that it’s also informed by our needs and experiences.

Regulation uses rules, incentives and penalties to change behaviour, usually with the aim of protecting the public. A good example might be setting standards for food safety and then inspecting restaurants for compliance.

We can all probably agree that we’d want food hygiene experts consulted on those standards. But it’s also really important that whoever setting the standards is thinking about and, crucially, listening to the public to understand their views.

If we’re designing a system meant to protect the public we need to know what risks they think are too high and which are manageable. We need to know whether some groups might need more protection than others and think about how to achieve that.

We also need to know what price consumers are willing to bear for a service to meet the standards we’re setting. Because if our restaurants have to invest more in cleaning, refrigeration and other food hygiene controls, then our meals may well end up costing us more.

In 2015 parliament asked us to set up an independent consumer panel to inform our work dealing with complaints about lawyers and law firms. Over the past decade the panel has helped us to consider what really matters to people when they use a lawyer, what leads to complaints and how our service can best serve the public it is designed to protect.

Ten years on, new legislation is expanding the panel’s role so it can bring consumer insight and recommendations for improvement to the whole regulatory system for legal services.

It’s a model we see replicated across other regulated sectors like financial services and energy, and we think that’s a real opportunity for the legal services sector.

Bringing consumer needs and expectations into the heart of regulation makes sure we’re regulating the things people think are important. The things that will drive consumer confidence and trust in the market. And the things that will break that trust if they’re not addressed.

In legal services – like many other service markets – consumers care about whether they can access the services they need, when they need them, particularly in times of stress or hardship.

They want to have a choice of providers so they can find one that best suits their needs and budget. They want to know the service will be good quality – a vital protection when most aren’t legally trained and so may not be able to judge that for ourselves. They want to be safe from excessive risk, to be treated fairly and to have access to redress if things go wrong.

They also want to have their views, experiences and expectations considered as services are designed and provided, so they are fit for purpose.

Consumer insight isn’t the only input to good regulation. But it is a vital one if we want the regulated service to truly meet the needs of the public it serves.

Vicky Crichton is Director of Public Policy, Scottish Legal Complaints Commission