Does it cost anything to make a complaint to the Scottish Legal Complaints Commission?
No. The SLCC is funded by levy on the legal profession and there are no fees involved in making a complaint.
Will my complaint be investigated immediately?
Under the legislation, the Legal Profession and Legal Aid ( Scotland ) Act 2007, there is a requirement that the legal professional complained about (or their firm) is given a reasonable opportunity to deal with the complaint in the first instance. So if you have not already referred the complaint to the practitioner, the SLCC will advise you to do so. Where this fails to resolve the issues, you can contact the SLCC so it can begin its role in the complaints process.
What do I need to provide?
Initially the SLCC requires a signed complaint form from you. There are two forms
- one for service/conduct complaints or
- one for ‘handling’ complaints
One of the areas of the form asks for your suggestions about what would help to resolve the problem if your complaint is upheld. Your wishes will be discussed with you and borne in mind during the complaints process.
What happens after I complain to the SLCC?
You will be advised in writing whether the SLCC can deal with your complaint and what the next step is. We aim to contact you within 10 working days of receipt of a complaint. The SLCC is keen to resolve complaints promptly and hope that local resolution and mediation can be used. Both the complainer and the practitioner need to agree to participate in mediation so the Mediation Manager contacts each as soon as possbile to see if they would like to try this approach.
We always advise you on the progress of your complaint at appropriate points, and when we make a final decision (called a 'determination').
How long will it take to resolve my complaint?
The SLCC aims to resolve complaints as speedily as possible. If both parties want to try mediation, a meeting can be arranged quickly - depending of course on the availability of each person. If a complaint goes through the investigatin process, complex or involved cases may take longer than straightforward cases to conclude. The SLCC will publish its targets on its website as they are agreed.
What happens if mediation or local resolution is unsuccessful in service complaints?
Where initial steps to resolve complaints have not been successful, the complaint is investigated by an SLCC investigator who contacts both parties, makes relevant enquiries and analyses the evidence relating to the complaint. At the conclusion of the investigation, the investigator produces a draft report which is sent to the parties for comment. After the opportunity for the parties to make representations, the SLCC can propose a settlement which it considers fair and reasonable in the circumstances. If both parties accept, that concludes the complaint.
What happens if I don’t accept the settlement proposed at this stage?
If the service complaint is upheld by the SLCC and the proposed settlement is not accepted, the SLCC makes a determination. The SLCC Commissioners do this through either a Determination Committee or a hearing.
What powers are open to the SLCC in these cases?
If the SLCC upholds a services complaint it can take whatever steps it considers fair and reasonable in relation to:
- determining what fees and outlays are due to the legal practitioner;
- directing the practitioner to rectify any error, omission or other deficiency at their expense;
- directing the practitioner to take other action specified by the SLCC;
- where someone has been directly affected, have the practitioner pay compensation;
- where there is a competence issue, ensure that that is reported to the relevant professional organisation
What level of compensation is available?
There is a maximum amount of £20,000 available in terms of legislation, for any loss inconvenience or distress resulting from inadequate professional service. However this is likely only to be available in exceptional cases and the SLCC takes account of a number of other factors in any cases where it considers direction to pay compensation a fair and reasonable resolution.
Will the Law Society and The Faculty of Advocates still have a role in investigating complaints?
As professional bodies The Law Society of Scotland and The Faculty of Advocates have a role in the regulation of their members. The SLCC refers complaints about the conduct of legal practitioners to them in the first instance. The SLCC investigates complaints where an individual is unhappy about the professional body’s handling of a complaint. We also monitor how they investigate complaints.
What about ‘handling’ complaints where I’ve previously complained to the Law Society of Scotland or The Faculty of Advocates?
If your complaint is about the way a professional body has handled your complaint we let you know if it is one the SLCC can investigate and confirm the issues you would like us to examine. At the same time we write to the professional body requesting its file on your complaint and also ask them for comment.
Our investigation centres around the evidence provided by you and the professional body. We can ask for more information if required and once we have completed our investigation the SLCC arrives at a decision about the way your complaint was handled. The SLCC comments on the way the professional body handled your complaint and whether it looked into the complaint properly. We can say whether we think the investigation was fair and thorough.
What happens if the SLCC decides the professional body’s investigation wasn’t fair and thorough?
If the SLCC finds that the professional body has failed to handle the complaint properly, it can recommend that the professional body
- provide you with more information;
- exercise its powers in relation to the practitioner;
- investigate the complaint further;
- reconsider its decision;
- pay a modest amount of compensation for inconvenience loss or distress caused to you by poor complaint handling.
Where the SLCC upholds your complaint, the SLCC may recommend reimbursement of part or all of your costs. You should let the SLCC know if you have incrred any costs beyond the costs of stationery and postage.
Am I given a copy of the decision?
Yes. The decision will be sent directly to you, to the practitioner (or firm of practitioners) you complained about and to the professional body.
Does the professional body have to accept the SLCC’s recommendations?
No. The professional body has three months to decide if it will accept the SLCC’s recommendations. If it does not accept, the SLCC can publish a Notice, giving its views and the professional body’s views. The SLCC will not name you or the practitioner. The professional body pays the cost of publishing the Notice.
What is meant by the term "Commisioners"?
The Scottish Legal Complaints Commission has nine Commissioners who fulfil their legal requirements and obligations outlined in the Legal Profession and Legal Aid (Scotland) Act, 2007. In relation to complaints, the Commissioners make determinations and decisions in accordance with their powers under the Act. There are some Commissioners with a legal background and other ‘non lawyer’ Commissioners. When determining issues in their committees there is always a majority of ‘non lawyer’ members.
They also have a role in setting guidance for SLCC staff in relation to the complaints processes. They are appointed for a period of between four and six years.
Can I appeal against Scottish Legal Complaints Commission decisions?
Yes. The Legal Profession and Legal Aid (Scotland Act), 2007 sets out when the parties involved can appeal. This must be made within 28 days.
What happens to the Scottish Legal Services Ombudsman?
The office of the SLSO ceased to exist from 1st October 2008. However, as part of the transition process, the SLCC investigates handling complaints about conduct and service which relate to issues or instructions given before 1st October 2008 using the Scottish Legal Services Ombudsman's powers.
What are the time limits for making complaints?
Complaints should be made as soon as possible but there is a general rule of one year for service/misconduct complaints and six months for ‘handling’ complaints.
Can I make a complaint about SLCC staff?
Yes. SLCC is keen to provide as professional and helpful a service as possible. If you are unhappy with the service you receive from the SLCC you should contact us. A manager will contact you and look into your complaint.
Are there legal complaints that the SLCC does not investigate?
The SLCC does not enquire into complaints made about Judges, Sheriffs, the Scottish Legal Aid Board, the Scottish Courts Service or the police service. These complaints should be referred through the appropriate complaints' mechanism, service or to individual police forces.
How do I contact the SLCC? top
In writing Scottish Legal Complaints Commission
The Stamp Office
10 – 14 Waterloo Place
EDINBURGH
EH1 3EG
By phone 0131 528 5111
By fax 0131 528 5110
By Email: enquiries@scottishlegalcomplaints.org.uk