SLCC expands on eligibility test following success in Court of Session
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The Court of Session has ruled in favour of the Scottish Legal Complaints Commission (SLCC) in refusing an application by a firm of solicitors for leave to appeal one of the commission’s decisions (case summary above).The application was unusual in that it came from a firm seeking leave to appeal a decision that a number of issues of complaint were accepted as eligible services complaints and were not frivolous, vexatious or totally without merit.Mark Paxton, one of the SLCC’s case investigation managers, expanded on the eligibility test.
He said: “There can be misconceptions about the eligibility test, one of the most complex stages within the process prescribed in statute.
“We have seen comments in the past that ‘too many complaints’ are let in, but the courts are once again making clear there is a high test to be met if complaints are dismissed at this stage.
“We know others can think the eligibility decision is an early indication of eventual substantive outcome, which is not the case - it is simply a decision that matters need formally investigated to have sufficient information to make a decision.”
He added: “We are also aware that, for practitioners, the fact that this is a formal “decision”, appealable to the Court of Session, suggests that it is somehow already a stain on the practitioner’s record – which again is just not the case.”
Neil Stevenson, SLCC CEO, added: “The expense of appeals has been a key driver of increasing cost in the last two years. Looking at other complaints bodies and ombudsman it is very unusual for a right of appeal, especially to such a senior court, to be provided for in a complaints process on a decision simply that something needs investigated.
“Our current proposals for statutory reform recommend that a more proportionate approach should be considered.”
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