Complaints Process
There are five stages in the complaints process and this section gives information about each stage.
The complaint stages
There are five stages to the SLCC process:
2. Eligibility
3. Mediation
Your complaint will be recorded and given a unique reference number.
We assess whether complaints are eligible for investigation under the terms of the Legal Profession and Legal Aid (Scotland) Act 2007. Complaints may not be eligible for the following reasons:
- Pre-1 October 2008 complaints sent to the Law Society of Scotland (LSS) will be investigated in accordance with the Solicitors (Scotland) Act 1980
- Pre-I October 2008 complaints sent to the Faculty of Advocates (FA) will be investigated under the FA's own Disciplinary Rules
- Premature conduct or service complaints
- Premature handling complaints
- Professional body is outside our jurisdiction
- Subject of the complaint is outside our jurisdiction
- Practitioner is acting in a judicial capacity
- Complaint is vexatious, frivolous or totally without merit
- Eligible for investigation but not by the SLCC
Mediation is a confidential process which gives the complainer and the practitioner the opportunity to meet together with an independent third-party so you can both decide how to sort out the complaint. The neutral person ("the mediator") helps you talk through the problem to see if you can agree a fair and reasonable solution. You can read more about mediation here.
SLCC Case Investigators carry out investigations into accepted service complaints which have not been resolved at mediation. At the end of an investigation the SLCC issues a report setting out our findings and recommendations and a proposed settlement. If the parties agree with the proposed settlement, the complaint is closed. Sometimes the complaint can be resolved during the investigation and before a report is issued; this can be an effective way of conciliating a complaint quickly.
If the findings of the investigation are not accepted by both parties, the complaint is referred to a Determination Committee made up of Members of the Board of the SLCC. Members decide whether or not to uphold the complaint and what action is needed to address the consequences of any inadequate service provided. Members make their decisions in determination committees of three, five, seven or nine Members with the majority coming from a lay or non-legal background. The Members' determination is final and if either party disagrees with it, they can appeal to the Court of Session.
The complaints process is explained in more detail in the 
Overview of the Complaint Process (PDF,
60KB).
