SLCC recommends overhaul of Faculty of Advocates’ complaint process

SLCC recommends overhaul of Faculty of Advocates' complaint process

The Scottish Legal Complaints Commission (SLCC) has concluded that the Faculty of Advocates’ complaints process is overly complex and extremely challenging to navigate, especially for lay complainers.

In a new report the SLCC made five statutory recommendations for improvement: for Faculty to improve the clarity of its disciplinary rules, develop a complaints policy and procedure manual, review the training it provides for complaints committee members, issue sanctions guidance and create comprehensive guidance for complainers that explains the complaints process.

Sarah Hamer, oversight and assurance manager, said: “The SLCC’s independent oversight of the professional bodies’ conduct complaints processes forms a core part of the regulatory system for legal services in Scotland.

“Bringing a complaint, or being subject to one, is difficult enough so the starting point for any complaints process is that it should be understandable and accessible.

“Improving the clarity of Faculty’s disciplinary rules and simplifying the complaints process will ensure it can be navigated by unrepresented complainers. Clear timescales and an understanding of the process will help all parties to engage with the complaints process and ensure they are not put under additional stress. A revised publication policy is essential to ensure Faculty is accountable to the public for the decisions taken.

“This report highlights areas for improvement in the Faculty’s conduct complaint handling processes, and makes recommendations for action. The Faculty has already confirmed its intention to comply with a number of our recommendations. That is very welcome, and we look forward to working with them to ensure those recommendations are implemented swiftly to improve the complaints process for all parties.”

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