Our statistics
Overall complaint numbers
Our workload includes complaints received in previous years which are still in progress, as well as new complaints received within the year. There are also a small number of complaints reopened every year. Most of these were ‘premature’ – the complaint had been made to us before the lawyer or firm had a chance to consider it. If the complainer has not received a satisfactory response, we will reopen the complaint.
How many complaints did we receive and how many complaints did we close?
Group |
2020/21 |
2019/20 |
|---|---|---|
Complaints still open from previous year |
436 |
685 |
New complaints received |
1054 |
1036 |
of which complaints about solicitors |
1033 |
1013 |
of which complaints about advocates |
21 |
23 |
Complaints reopened
|
84 |
92 |
Complaints closed at all stages |
1186 |
1402 |
Complaints open at end of year |
388 |
436* |
* There are some complaints that may be opened or closed for other reasons, this is why the numbers here do not reconcile completely.
What process stage were complaints closed at?
Outcome |
2020/21 |
2019/20 |
|---|---|---|
Complaints accepted for investigation |
443 |
567 |
of which complaints about solicitors |
437 |
553 |
of which complaints about advocates |
6 |
14 |
Complaints rejected for investigation |
180 |
224 |
before a decision to accept/reject |
283 |
318 |
Outcomes
(FVTWM stands for ‘frivolous, vexatious or totally without merit’).
What kind of complaints did we accept for investigation?
Group |
2020/21 |
2019/20 |
|---|---|---|
Service complaints accepted for an investigation by the SLCC |
271 |
337 |
Conduct complaints accepted for an investigation by the Law Society of Scotland or the Faculty of Advocates |
93 |
155 |
Hybrid complaints where the service parts are investigated by the SLCC. The conduct parts are investigated by the Law Society of Scotland or the Faculty of Advocates |
79 |
94 |
Why did we reject complaints for investigation?
Reason |
2020/21 |
2019/20 |
|---|---|---|
The whole complaint was made after the time limit |
26 |
45 |
The whole complaint was ‘frivolous, vexatious or totally without merit’ |
118 |
148 |
Some parts were after the time limit. The rest were ‘frivolous, vexatious or totally without merit’ |
8 |
12 |
The complaint wasn’t about a regulated legal practitioner in Scotland |
28 |
19 |
What complaints were closed before a decision to accept or reject?
Reason |
2020/21 |
2019/20 |
|---|---|---|
Resolved |
236 |
239 |
Withdrawn |
25 |
48 |
Discontinued |
22 |
31 |
How many complaints were settled at the mediation stage?
Before we start investigating a service complaint, we give the complainer and the lawyer or firm an opportunity to attend a mediation meeting, led by an independent external mediator.
Outcome |
2020/21 |
2019/20 |
|---|---|---|
Both sides agreed a settlement at a meeting with the help of an independent mediator |
66 |
25 |
Both sides agreed a settlement with the help of the SLCC’s mediation co-ordinator |
16 |
20 |
A further 8 complaints were closed at mediation stage.
How successful were mediations?
Outcome |
2020/21 |
2019/20 |
|---|---|---|
Both sides agreed to a mediation meeting |
30% |
26% |
The mediation meeting was successful |
75% |
67% |
How were complaints settled at the investigation stage?
At investigation stage, an SLCC investigator will work with both parties to agree a settlement to the complaint.
This can be the settlement recommended by the investigator in a detailed investigation report to uphold the complaint and award compensation or a fee refund, or a recommendation to not uphold the complaint and take no action.
The investigator can also help agree a settlement before they’ve written the report.
Other times, a settlement is agreed after the investigation, but on different terms to the investigation report.
Outcome |
2020/21 |
2019/20 |
|---|---|---|
Settlement agreed before the investigation report |
71 |
108 |
Settled as recommended by investigation report |
81 |
63 |
Settlement agreed after the investigation report on different terms |
33 |
30 |
Settlement agreed after the investigation report on different terms |
39 |
46 |
How were complaints decided on at the determination stage?
If one or both of the parties don’t agree to the investigation report, the complaint will be passed to a Determination Committee. This is a committee of three of our Commissioners which looks at the complaint and makes a binding decision on whether it should be upheld as inadequate professional service.
Outcome |
2020/21 |
2019/20 |
|---|---|---|
Whole complaint was upheld by the Determination Committee |
10 |
14 |
Parts of the complaint were upheld by the Determination Committee |
47 |
72 |
None of the complaint was upheld by the Determination Committee |
74 |
112 |
What were the outcomes of appeals against the SLCC’s decisions at the eligibility and determination stages?
Decisions to accept or reject complaints at eligibility and determination committee decisions are appealable to the Court of Session.
Status |
Eligibility |
Determination |
Total |
|---|---|---|---|
In progress at the start of the year |
8 |
2 |
10 |
Received |
6 |
3 |
9 |
Won |
7 |
1 |
8 |
Lost |
1 |
0 |
1
|
Conceded |
1 |
1 |
2 |
In progress at the end of the year |
5 |
2 |
7 |
What happened with handling complaints about the professional bodies?
We also receive complaints about the way the professional bodies carry out conduct investigations.
Status |
Law Society of Scotland |
Faculty of Advocates |
Total |
|---|---|---|---|
In progress at the start of the year |
10 |
0 |
10 |
New |
14 |
1 |
15 |
Rejected – with reason |
1 |
1 |
2 |
Accepted for investigation |
13 |
0 |
13 |
Withdrawn |
1 |
0 |
1 |
Closed on report |
19 |
0 |
3 |
In progress at the end of the year |
3 |
0 |
3 |
Scottish Legal Services Ombudsman complaints
10 years after the Scottish Legal Services Ombudsman was disbanded and its powers were transferred to us, we can still receive complaints that are under its powers. We received one complaint under these powers this year. It was still under investigation at year end.
What were the outcomes of complaints about our service?
We received 29 complaints about the way we’d handled a complaint made to us. These ‘service delivery complaints’ are dealt with by a manager who has not been involved with the case. If these aren’t resolved, or the person complaining isn’t happy with the response at ‘stage 1’, they are escalated to a senior manager for ‘stage 2’.
Service delivery complaint outcomes
Outcome |
Stage 1 |
Stage 2 |
|---|---|---|
Upheld |
0 |
0 |
Partly Upheld |
3 |
0 |
Not Upheld |
18 |
7 |
Resolved |
0 |
0 |
Withdrawn |
0 |
0 |
Other |
0 |
0 |
Total SDCs |
21 |
7 |
How did the SLCC deal with Freedom of Information enquiries made?
We are a public authority under the Freedom of Information (Scotland) Act. We received 24 requests for information during our year.
Requests and responses |
Number |
|---|---|
Requests received in year |
24 |
Requests responded to on time in year |
23 |
Requests dealt with in year |
Number |
|---|---|
Request was unclear |
1 |
Withdrawn by requester |
1 |
Disclosed all information |
5 |
No information disclosed |
7 |
Disclosed some information |
9 |
Refused to confirm or deny whether the information was held |
2 |
Refused as the cost in preparing the information would be too high |
1 |
Exemptions used in year |
Number |
|---|---|
The information was otherwise accessible |
24 |
Disclosure prohibited under another enactment |
5 |
Substantial prejudice to effective conduct of public affairs |
2 |
Personal data of the applicant |
2 |
Third party personal data |
1 |
Reviews of our responses to Freedom of Information requests
Type |
Number |
|---|---|
FOISA reviews |
3 |
FOISA review - wholly/partially upheld |
3 |
Data protection
Type |
Number |
|---|---|
Subject Access Requests |
36 |