CQS update

ARTICLE

CQS update

Eleanor O’Reilly-Joe is Head of Accreditations at the Law Society, she provides an update on revisions to the Conveyancing Quality Scheme (CQS) and the re-introduction of onsite assessments as firms return to the office

When the pandemic hit, all CQS onsite assessments were put on hold to focus on supporting accredited practices during this challenging time. As we emerge from coronavirus restrictions, we will re-introduce onsite assessments and adapt CQS to new ways of working and further updates to the scheme will reflect this.

When the updated Core Practice Management Standards (CPMS) were launched in 2019, we introduced onsite assessments. The initial pilot we undertook focussed on identifying areas of non-compliance and setting out corrective action to support accredited practices in embedding a culture of continuous improvement and to ensure compliance with the Standards. Following the pilot, we will feed those learning points into the next round of assessments. The CPMS is a living document and we review and update it from time to time as required – the next update of the CPMS with expanded Guidance Notes is scheduled for later this year.

The core values

The core values that were launched in November 2018, will remain at the heart of CQS with the aim that members:

■ proactively and effectively manage risk and demonstrate behaviours that support and promote the integrity of CQS and the community

■ demonstrate best practice and excellence in client care through robust practice management of residential conveyancing

■ demonstrate thorough knowledge and skill in handling conveyancing transactions

Over the coming months, we will release an updated version of the Scheme rules, which will demonstrate our commitment to these core values.

Onsite assessments

The updated version of the Scheme rules will set out in detail the onsite assessment process to ensure that practices selected for visits are able to sufficiently prepare. The aim of the onsite assessment will be to verify that those practices accredited against CQS meet the Standard by having:

■ documented plans, policies and procedures in place as required by the CPMS

■ compliance with the Protocol evidenced on the files

It will seek to review whether the plans, policies and procedures have been embedded into the culture of the practice and understood by the staff. Both open and recently closed files may be selected for assessment.

Key risk areas

The focus for the next round of assessments will be on the key risk areas that we have identified including:

■ Stamp Duty Land Tax

■ Anti-money Laundering

■ Fraud

■ Leasehold

■ Level of service

However, where required, the scope of the assessment may be broader than the key risk areas.

What can firms expect?

During the process of assessment CQS firms can expect: the following:

1. The key documents that form part of the onsite assessment process will be published on the Law Society’s website.

2. Practices selected for an onsite assessment will be expected to review the key documents and complete a selfassessment checklist ahead of the assessment.

3. Firms will be advised in advance of what plans, policies and procedures will be reviewed. These documents will need to be submitted in advance to the CQS office. Sufficient notice to practices of an upcoming assessment will be provided along with a choice of dates.

The assessment will consist of:

■ An opening meeting with the Senior Responsible Officer (SRO) and Head of Conveyancing (HOC)

■ A review of a selection of open and closed files

■ Interviews with the SRO/HOC and selected fee earners

■ A closing meeting with the Senior Responsible Officer and Head of Conveyancing

Interviews with fee-earners will focus on key risk areas, compliance with the Protocol and the CPMS. The interview with the SRO/HOC will include questions relating to supervision and the conveyancing practice. Note too that with file reviews, we will expect to see an AML & fraud risk assessment on each file.

Where non-compliances are identified, the practice will be notified in writing of the corrective action required. A timeline will be provided to the practice wherein the practice is required to undertake the corrective action and provide satisfactory evidence to the CQS office. Where the practice has carried out the corrective action, the practice will be notified that no further action is required. Where a practice fails to take the required corrective action within the prescribed timeline, may result in the practice having their accreditation revoked.

The selection process

All practices applying for initial CQS accreditation will be required to undergo an onsite assessment. Practices already accredited may be selected either:

■ at random

■ as a result of information provided as part of the reaccreditation process

■ as a result of intelligence received

We will continue to support accredited practices throughout the year by communicating regularly with SROs highlighting relevant matters, holding webinars and working with stakeholders. We are committed to raising the profile of CQS and continuing our engagement with key stakeholders and lenders. ■