If either party does not agree to settle a complaint at the investigation stage, it is referred for determination. Members make a formal and binding decision about the complaint, which is enforceable and challengeable only through appeal to the Court of Session - we call this decision a determination. 

Determination is made by a Determination Committee usually consisting of three Members of the SLCC (Chaired by a legal member). The Determination Committee considers the whole of the complaint afresh, including the supporting evidence and whether that evidence is sufficient on which to make a robust decision. The Committee is not bound by any earlier attempts at resolution but makes its own decision about appropriate outcomes and redress. Like our investigations, the approach is inquisitorial.

You can read published summaries of our determinations here (link opens in a new window).

You can also read some general case examples of determinations here (link opens in a new window).


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