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.