How to complain about legal services in Scotland How to complain

Start your complaint by filling in and signing the SLCC form

If you’re unhappy with a service you’ve received from a legal practitioner, you must always try to resolve the problems with them in the first instance.

Where a complaint can’t be resolved, you should contact the Scottish Legal Complaints Commission (SLCC), which is free to use.

Complaints form

The easiest way to do this is by downloading the appropriate complaint form from its website.

The form will need to be printed off, signed, and posted back - to give the SLCC permission to get information from your legal practitioner.

The form will also ask for your suggestions about what would help to resolve the problem and, if your complaint is upheld, what your wishes about any action would be.

You can contact the SLCC for support via email at enquiries@scottishlegalcomplaints.org.uk or by phone on 0131 528 5111.

Complaint types

The SLCC will handle complaints about legal services themselves, but not about the conduct of legal practitioners delivering them. Where complaints concern a practitioner’s behaviour, they’ll be passed on to their professional body - the Law Society of Scotland or The Faculty of Advocates, in the first instance.

Once the SLCC has received any complaint, it will decide on its eligibility as a service complaint it can handle, or a conduct complaint to be passed on – or it will reject the complaint.

The SLCC is under no obligation to investigate a complaint, or part of a complaint, that it thinks is ‘frivolous, vexatious or without merit’.

Complaint progress

If it accepts a complaint about a service (as opposed to conduct), it will, if both parties agree, use mediators to try and resolve a case without a formal investigation.

If a complaint is resolved, the SLCC will check that any agreed action takes place within agreed timescales.

If either party doesn’t want to mediate or the complaint is not resolved, the SLCC will assign an investigator.

Complaint investigation

An investigator will take account of relevant laws and codes of practice, professional rules, standards and guidance. The SLCC will also consider how a legal practitioner has addressed the complaint so far.

They might ask for certain documents, or demand explanations, in connection with the complaint.

An investigator will usually produce a provisional report, recommending certain actions. If either party doesn’t accept this, the complaint will be given a formal decision.

SLCC decision

The SLCC will notify the complainer, and any practitioner or practice involved, of its decision, in writing. It can also publish a report of the investigation.

If the SLCC agrees with a complainer and upholds their complaint, it might:

• have the practitioner pay compensation. The maximum amount is £20,000 - for loss, inconvenience or distress resulting from inadequate professional service.
• direct the practitioner to rectify any error, omission or other deficiency at their own expense
• direct the practitioner to take other action specified by the SLCC
• ensure that, where there is a competence issue, it’s reported to the relevant professional organisation.
  
  Where the complainer or legal practitioner is unhappy with the decision, they can appeal to the Court of Session.