Policy on public interest complaints made by the SLCC - consultation

Why are we consulting?

The Regulation of Legal Services (Scotland) Act 2025 (the 2025 Act) makes significant changes to the SLCC’s powers and remit.

This includes a clear power to the SLCC to initiate complaints. In doing so, it places restrictions on the types of complaints which can be initiated (only conduct or regulatory complaints which would be investigated by the Relevant Professional Organisation (RPO), and who can make the decision to initiate a complaint (a Committee or Member). It also requires rules to be made about the process for initiating a complaint.

The draft policy outlines when and how such complaints can be made, ensuring compliance with legislative and regulatory requirements. The policy aims to support transparency, consumer protection and public confidence, while ensuring that any decision to make a complaint in the public interest is necessary, proportionate and fair.

As this is a new power, the SLCC is seeking views on whether the proposed policy provides an appropriate framework for making public interest complaints.

We've set out the legislative basis for these new powers and example scenarios of when the SLCC might wish to use this power.

The SLCC previously had a policy for raising complaints in its own name which was used on a number of occasions. That action was challenged in Cannon v Scottish Legal Complaints Commission [2020] CSOH 23. It was held that the SLCC could not initiate a complaint to itself. That decision was made on the basis that no such power was bestowed by the Legal Profession and Legal Aid (Scotland) Act 2007. The judge took the view that if Parliament intended the SLCC to be able to do this, it would have said so. The 2025 Act rectifies that situation.

Who is the consultation for?

Our consultation is open to all and we welcome submissions from anyone with an interest in our work. However, we would particularly appreciate responses from:

legal services providers and groups representing providers
consumers and consumer groups
the relevant professional organisations
other regulatory authorities.

What happens next?

We will consider all submissions and a final statement will be agreed by our Board. We will publish our final statement on our website, along with the outcome of the consultation.

Policy considerations

There are various matters the SLCC takes into account when forming a decision – our consideration of these is set out below.

Policy/ impact considerations	Preliminary conclusions
Compatibility with Regulatory Objectives	Section 51 of the Regulation of Legal Services (Scotland) Act 2025 introduces a clear power to the SLCC to initiate complaints in the public interest. This will amend the Legal Profession and Legal Aid (Scotland) Act 2007 by adding a new Section 2A and amending Schedule 1 in relation to delegation of functions. This policy is compatible with the regulatory objectives. It specifically supports the objectives to: protect and promote the interests of consumers and the wider public interest promote quality, innovation and competition in the provision of legal services promote effective communication between regulators and legal services providers use and promote best practice in relation to assessing and improving the quality of regulation and compliance with applicable legislation and rules adhere to the regulatory principles promote and maintain adherence to the professional principles.
Significant new implications for public and consumers (including vulnerable consumers and equality groups) and compliance with the Consumer Duty	No. While actions in line with this policy would be taken in the public interest and/ or in support of public protection, we do not believe the impact will be significant.
Significant new implications for regulated sector/ business	Yes. The expected number of public interest complaints initiated by the SLCC is expected to be low, and in some cases will likely replace those currently initiated by the regulators (e.g. those related to non-cooperation with our investigations). However, the implications could be significant for those providers against whom complaints are initiated.
Any other major policy considerations	No other identified considerations.
Cybersecurity, IT, data protection or information governance implications	No specific considerations beyond those that apply to all complaints.
Significant finance or best value considerations	This statement has been considered in light of the SLCC’s statement on best value. It addresses the regulatory principle of proportionality, that is, taking appropriate action as required.

How to respond to this consultation

The consultation will run for 16 weeks, closing at 5pm on 8 January 2027.

You do not have to answer all the questions, only those where you have specific comments to make.

You can respond via email at: consult@scottishlegalcomplaints.org.uk or by sending a letter to:

Scottish Legal Complaints Commission
12-13 St Andrew Square
Edinburgh, EH2 2AF

You can response via Microsoft Forms:

Publishing responses

We will publish responses in full, alongside an analysis of the key issues raised in the consultation and any changes we have made as a result of the consultation. If you wish your response to remain anonymous, please check the appropriate box on the response form or state this clearly in your email or letter. If you ask for your response not to be published, we will still take account of your views in our analysis and we may identify you as part of a specific stakeholder group (e.g. consumer organisation or legal services provider), but we will not publish your response or list your name.

We aim to publish responses by Monday 1 February.