Number of complaints relating to a specific Firm of Solicitors
Request
1. The amount of complaints raised against the firm of (Named Firm) to the SLCC
2.The amount of complaints the SLCC has upheld against (Named Firm).
3. Which departments within (Named Firm) had the most complaints raised against them
Response
The SLCC endeavours to be as helpful as possible, however, we are unable to confirm or deny whether we have received any other complaints about the solicitor firm you have referred to. As such we also cannot confirm or deny how many complaints have been upheld, if any and to which departments any such complaint may have been raised against.
The SLCC’s approach in relation to this (and other similar enquiries) is informed by the powers and duties conferred on us by the Legal Profession and Legal Aid (Scotland) Act 2007. Specifically section 43 which states:
43 Restriction upon disclosure of information: Commission
(1) Except as permitted by subsection (3), no information mentioned in subsection (2) may be disclosed.
(2) The information is information—
(a) contained in a conduct complaint, services complaint or handling complaint;
(b) which is given to or obtained by the Commission or any person acting on its behalf in the course of, or for the purposes of—
- any consideration of such a complaint;
- an investigation (including any report of such an investigation) into a services complaint or a handling complaint.
(3) Such information may be disclosed—
(a) for the purpose of enabling or assisting the Commission to exercise any of its functions;
(b) where the disclosure is required by or by virtue of any provision made by or under this Act or by any other enactment or other rule of law.
(4) Any person who, in contravention of subsection (1), knowingly discloses any information obtained when employed by, or acting on behalf of, the Commission is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
The practical effect of section 43 of the 2007 Act is that the SLCC cannot discuss the details of a particular case unless it is either necessary to its investigation, or it has been given a mandate by the parties.
This means that, in terms of your request as noted above, we are issuing you with a notice under section 18(1) of FOISA that we can neither confirm nor deny if we have received any other complaints about the solicitor in question.
If the SLCC did hold the information requested, it is our view that the exemption set out in section 30(c) of FOISA would apply and the information would be withheld. Explanations of these exemptions together with our reasoning as to why we consider that these exemptions would apply are provided below.
Section 30(c)
Section 30(c) provides that information is exempt from disclosure if its release would, or would be likely to, prejudice substantially the effective conduct of public affairs. As section 30(c) is a qualified exemption, the public interest test must also be applied.
Harm test – Substantial Prejudice
If the SLCC did hold the information requested, to release that information into the public domain would prejudice the ability of the SLCC to carry out independent and impartial investigations, and to analyse and consider the merits of any complaint without interference. We therefore conclude that release of the information, if held by the SLCC, would, or would be likely to, prejudice substantially the effective conduct of public affairs by the SLCC.
Public interest test
The public interest has been described as something that is of serious concern or benefit to the public and not merely of individual interest. It has also been stated that the public interest does not mean ‘of interest to the public’ but ‘in the interests of the public’.[1]
There are a number of very strong factors favouring non-disclosure of the information if held by the SLCC. It is in the public interest that the SLCC is able to conduct its investigations independently and in an impartial manner. If that were not the case, the fairness of the complaints process would be damaged, which would clearly be detrimental to the public interest.
We have also taken into account the factors favouring disclosure. The intention of the SLCC is to operate in as open and transparent a manner as possible, releasing all information where this would not compromise its ability to fulfil its responsibilities and functions in the future. We accept that there is a general public interest in making information accessible to the public to improve the accountability of the SLCC. However, we conclude that disclosure of the information, if held by the SLCC would, or would be likely to, prejudice the effective conduct of public affairs by the SLCC, and that the public interest would lie in withholding the information under section 30(c) of FOISA.
[1] For information, the Scottish Information Commissioner’s guidance on the public interest test can be read at: