Author: Simon Seaton

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  • A Conveyancing Portal Request Arrives. Who Is Authorised to Share the Documents?

    An estate agent requests the buyer’s source-of-funds documents through a shared portal. A mortgage broker asks for the Report on Title. A member of staff uploads a document without realising that everyone invited to the transaction workspace can see it.

    The portal may be secure. The disclosure may still be inappropriate.

    Conveyancing firms need to establish who can access the information, why they need it and what permits the firm to share it. Technical permission to upload a document is different from professional authority to disclose its contents.

    Lexsure’s October 2026 CQS policy notification addresses controlled information sharing through conveyancing portals. It provides a useful prompt to review the decisions staff make before documents leave the firm’s own systems.

    A secure connection does not decide who should see the file

    A portal can provide useful access controls, document histories and communication records. Those features need to be understood and configured for the transaction.

    Before using a shared workspace, establish who can view, download, forward or add documents. Check whether permissions operate at transaction, folder or individual-document level, and who can invite additional users.

    A folder labelled “buyer documents” does not necessarily mean that only the buyer and their conveyancer can access it. Staff should verify the actual permissions rather than rely on the label or their experience of another platform.

    Our wider guide to reviewing the CQS Information Management and Security Policy considers how the firm’s written procedures should reflect the systems and safeguards it actually uses.

    Ask four questions before sharing

    A practical disclosure decision starts with four questions:

    • Who is requesting the information? Verify the recipient and their role in the transaction.
    • What do they need? Identify the particular information required and the purpose of the request.
    • What permits disclosure? Establish the relevant client authority or other legal basis for sharing confidential information.
    • How will access be controlled? Check the destination, recipients, permissions and record of disclosure.

    An invitation from a familiar participant should not bypass these questions. A genuine request can still seek more information than is necessary or appropriate.

    Explain client authority precisely

    The SRA’s guidance on confidentiality of client information explains the duty to keep current and former clients’ affairs confidential, subject to the applicable exceptions.

    Where the firm relies on client consent, explain what will be shared, with whom and for what purpose. Record the authority and its limits. A general request to “keep the agent updated” should not automatically be treated as permission to disclose financial evidence or legal advice.

    Authority from one client may also be insufficient where the material contains another person’s confidential information.

    Professional confidentiality, legal professional privilege and data protection require separate consideration. Client consent to a particular disclosure does not remove the need to assess the other applicable requirements.

    Share what is needed for the purpose

    The ICO’s guidance on data minimisation explains that personal information should be appropriate to the purpose and limited to what is necessary.

    That principle matters when someone requests a whole document to answer a narrower question.

    For example, consider whether an authorised factual update would answer the request without disclosing a bank statement containing unrelated payments, account details and information about third parties.

    Do not assume that removing an account number makes the remaining document suitable for disclosure. Review the complete contents, including attachments, comments, tracked changes and information embedded elsewhere in the file.

    Take particular care with financial evidence and legal advice

    Requests involving identity documents, bank statements, source-of-funds evidence, internal AML assessments or legal advice should be referred through the firm’s agreed procedure.

    Different documents raise different issues. Some contain third-party personal information. Some reveal confidential advice. Others may engage legal professional privilege or statutory restrictions on disclosure.

    An estate agent’s or broker’s separate compliance responsibilities do not automatically entitle them to the conveyancer’s AML file. Equally, there may be circumstances in which a defined disclosure is appropriate. Assess the actual request and applicable obligations.

    Where privilege or restrictions on AML-related disclosure may be involved, obtain appropriate advice before uploading. A general portal-sharing authority should not be used to resolve those questions.

    An illustrative request: “Upload the bank statements to keep things moving”

    A buyer’s conveyancer receives a portal request from the estate agent for the bank statements already supplied to the firm. The stated purpose is to complete the agent’s checks and avoid delaying the sale.

    The first step is to clarify the request. What information is needed? Who will access it? Does the client understand the proposed disclosure? Would the client supplying information directly, or another properly authorised response, meet the purpose?

    The firm should assess confidentiality, data protection and any other restrictions before deciding. Commercial urgency does not establish permission.

    The record should show the request, assessment, authority where required, information disclosed and recipients. If the request is declined or narrowed, explain the reason appropriately and identify the next step.

    Uploading and downloading are different from reviewing

    Information management also concerns what happens when documents arrive.

    A portal notification may show that a report has been uploaded. It does not establish that the responsible conveyancer has reviewed the report, identified its implications or acted on an outstanding issue.

    Allocate responsibility for:

    • Monitoring notifications and covering absences.
    • Saving the relevant documents and correspondence to the matter record.
    • Reviewing the contents and identifying required action.
    • Recording deadlines, qualifications and unresolved questions.
    • Escalating urgent or unclear material.

    The October notification suggests a document-saving timetable for firms to consider and adapt. Any adopted timetable must accommodate urgency and expiring links; it should not be described as a universal statutory deadline.

    Similarly, an uploaded message or changed transaction status should not be assumed to authorise exchange or completion. Our article on why a lender portal acknowledgement is not approval considers the related distinction between receipt and a substantive decision.

    Keep the client-facing terms consistent with the procedure

    The engagement documents should accurately explain how the firm uses portals and shares information. Staff procedures should support that explanation.

    Our October terms and conditions update includes suggested wording on portal confidentiality and client authority.

    When reviewing the wording, check whether it matches the particular platform, actual recipients and alternatives available to clients who cannot use the portal.

    A broad clause should not become a substitute for explaining a proposed disclosure that falls outside the arrangements the client reasonably understood.

    Plan for access changes and the end of the transaction

    The firm should know how access is amended when staff leave, participants change or the transaction ends.

    Check who can remove users and revoke links. Understand what information remains available to other participants and what the firm can retrieve after its subscription or transaction access ends.

    Preserve the documents, communications, authority records and relevant audit information needed for the matter file. A portal should not become the only location of important evidence if access can disappear before the firm’s retention obligations end.

    If information has been shared with the wrong recipient, activate the firm’s incident procedure promptly. Assess containment, preservation of evidence and any applicable notification duties with the responsible compliance personnel.

    Turn the October amendment into a working procedure

    Firms reviewing their documentation can consider Lexsure’s CQS CPMS Information Management and Security Policy template as a framework to adapt to their systems and responsibilities.

    For portal sharing, the procedure should identify approved platforms, access controls, disclosure decisions, escalation arrangements and the records staff must retain.

    Test it with a realistic request. Can the team explain who decides whether financial evidence may be shared, how authority is recorded and what happens if the usual supervisor is unavailable?

    Lexsure’s POLICYmonitor CQS Policy Update Service provides monthly suggested policy paragraphs for CQS-accredited firms in England and Wales to review and adapt. The useful outcome is an approved procedure that staff understand and apply.

    Does your policy explain who may share what?

    Keep your CQS procedures under active review. POLICYmonitor’s monthly notifications provide suggested paragraphs to help your firm assess changes to information sharing, lender reporting and other conveyancing controls.

    Explore the CQS Policy Update Service →

    For CQS-accredited firms in England and Wales. Review, adapt and implement wording relevant to your practice.

    This article concerns conveyancing practice in England and Wales and develops an issue addressed in Lexsure’s October 2026 policy notification. Disclosure decisions depend on the information, recipients, client authority and applicable legal and professional obligations.

  • The Search Was Supplied by Someone Else. Who Checked It Was Suitable?

    A buyer arrives with a search pack supplied by the estate agent. Another transaction includes searches commissioned for an earlier purchaser. A shared portal contains reports described as ready for the buyer’s conveyancer to use.

    These arrangements may save time and avoid unnecessary duplication. But who decides whether the particular reports are suitable for this buyer, this property and this mortgage lender?

    The availability of a search pack is the beginning of that assessment. The conveyancing file should explain why the firm can rely on it, what its limitations are and whether further investigation is needed.

    Lexsure’s October 2026 CQS policy notification addresses searches supplied by others within its suggested Risk Management Policy wording. The practical challenge is turning that wording into a consistent decision on individual files.

    Separate receiving the search from accepting it

    A report may have been uploaded, downloaded and saved without anyone having assessed its suitability.

    Firms should distinguish those administrative steps from the legal review. The file needs an identifiable person responsible for checking the supplied material, investigating gaps and deciding what happens next.

    That review should take place early enough to address problems before exchange. Waiting until the final file check can leave the buyer facing an unexpected cost or delay when other arrangements are already advanced.

    Check the property and the extent searched

    An address match is useful, but the assessment should also consider the plan and extent covered by the report.

    Does the search include the whole property being purchased? What about a separate garage, parking space, garden parcel or additional title? Has the transaction changed since the search was commissioned?

    A report obtained for a previous proposed purchase may relate to a different extent. A search for one plot on a development should not be assumed to cover another.

    Where coverage is unclear, obtain clarification or the necessary additional report. Record the answer rather than leaving the next person reviewing the file to infer that the discrepancy was resolved.

    Establish who can rely on the report

    Having a copy of a report does not, by itself, establish the buyer’s or lender’s rights against its provider.

    Read the applicable terms. Identify who commissioned the search, who may rely on it, and whether any transfer, readdressing or confirmation is required. Consider relevant limitations and the protection available if information is wrong.

    Keep different insurance arrangements separate. A search provider’s professional indemnity insurance, protection accompanying a report and a policy offered instead of a search can serve different purposes. The existence of insurance does not establish that every relevant risk is covered.

    If the terms or protection remain uncertain, seek clarification before advising that the supplied search can be used.

    Assess the date against the transaction timetable

    Check when the report was produced and the relevant dates of the information it contains. Consider whether it remains appropriate for the anticipated exchange and completion timetable.

    Where the UK Finance Mortgage Lenders’ Handbook applies, its England and Wales Part 1 includes requirements concerning search age, necessary searches and property-specific investigation. Check the applicable lender instructions and any case-specific requirements.

    A search that meets an age requirement can still leave a material issue unanswered. Equally, the fact that someone else commissioned it does not automatically mean it needs replacing.

    The decision should follow the report, the transaction and the applicable instructions.

    Check lender acceptance for the particular product

    A general statement that a search pack is “lender accepted” should prompt verification of the actual requirements.

    Identify the lender, the search product and any conditions concerning the provider, insurance or standards. Review the mortgage offer and additional instructions alongside the applicable Handbook provisions.

    Our article on why a lender’s acceptance of personal searches may be conditional explains why reading only the opening answer can leave an important question unresolved.

    Acceptance of one search type should not be assumed to extend to every report in the pack. Keep evidence of the checks and obtain clarification where necessary.

    Ask whether the pack answers this property’s questions

    Even an up-to-date report with suitable reliance terms may be insufficient for the particular transaction.

    Consider the property’s location, title, use, physical features and the buyer’s plans. Search findings, the survey or replies to enquiries may indicate that supplementary information or specialist investigation is appropriate.

    For example, a report identifying a sewer near an extension may require further investigation. The existence of a drainage search does not establish that every question about the extension has been answered.

    Additional enquiries should identify what needs establishing and why. Our article on when an additional conveyancing enquiry is necessary considers how to connect questions to the particular transaction.

    An illustrative file: the pack is recent, but the assessment is incomplete

    A buyer provides searches commissioned for an earlier purchaser. The reports appear recent and the buyer expects the firm to use them without further expense.

    On review, the conveyancer identifies that a separately titled parking space is outside the search plan. The provider’s terms also require confirmation before another purchaser can rely on one of the reports.

    Neither point establishes that the whole pack must be discarded. Both require a decision supported by evidence.

    The file should record the coverage issue, the provider’s response, any additional search required and the explanation given to the buyer. If the timetable changes, the firm should reconsider any date-sensitive aspects of its earlier assessment.

    Explain additional work and costs before ordering

    Clients may reasonably ask why further searches are being recommended when reports have already been supplied.

    Give a specific explanation. Is the issue missing land, outdated information, restricted reliance, a lender condition or a risk needing further investigation? Explain the proposed response, likely cost and potential effect on timing.

    Lexsure’s Knowledge Hub includes a related terms and conditions paragraph on searches supplied by sellers, estate agents or other providers. This is client-facing wording to consider alongside the firm’s internal assessment procedure.

    A buyer’s wish to avoid further expense does not override the firm’s duties to a lender or resolve an investigation the firm considers necessary. Escalate any disagreement or unresolved limitation through the firm’s supervision arrangements.

    Make the Risk Management Policy usable

    The policy should help staff identify who reviews supplied searches, what they check and when a matter needs supervision.

    A practical assessment record could cover:

    • The reports received, their dates and who supplied them.
    • The property, titles and plan coverage.
    • The provider’s terms of reliance and relevant protection.
    • The applicable lender requirements and evidence of compliance.
    • Missing information and further investigation required.
    • The explanation given to the client and any necessary instructions.
    • The reviewer, decision date and outstanding follow-up.

    Firms reviewing their framework can explore Lexsure’s CQS CPMS Risk Management Policy template. Check the version being purchased and adapt it to the firm’s work, responsibilities and systems.

    Our article on putting the Risk Management Policy into practice considers how supervision and file evidence can demonstrate that procedures are being followed.

    Keep the procedure under review

    Receiving a notification should lead to a recorded decision about whether the firm needs to change its wording or working arrangements.

    Check the existing policy, approve relevant amendments, brief affected staff and consider whether live files need attention. A subsequent file review can test whether supplied searches are being assessed as intended.

    Lexsure’s POLICYmonitor CQS Policy Update Service provides suggested policy paragraphs for CQS-accredited firms in England and Wales to consider and adapt.

    Does your policy explain who checks a supplied search?

    Keep your CQS procedures under active review. POLICYmonitor supplies monthly suggested policy paragraphs to help your firm identify wording to assess, adapt and implement.

    Explore the CQS Policy Update Service →

    For CQS-accredited firms in England and Wales. Your firm remains responsible for reviewing the wording and implementing appropriate procedures.

    This article concerns conveyancing practice in England and Wales. Search suitability depends on the transaction, report terms and applicable instructions. It develops a procedure issue addressed in the October 2026 notification; it does not suggest that receiving a supplied search creates an automatic obligation to replace it.