Legal complaints costs to rise despite falling numbers

The Scottish Legal Complaints Commission (SLCC) has confirmed plans for an above inflation increase in its budget, despite the falling number of eligible complaints against Scottish solicitors.

Following its recent consultation, the SLCC confirmed a 5.2% rise in its budget for 2018/19. It includes a rise of up to 8.5% in the levy which must be paid by solicitors and which comes over and above a rise of 12.5% in 2017.  This comes at a time when other complaints handling bodies are making efficiencies and controlling spending.

Graham Matthews, President of the Law Society said, “People are right to ask why the SLCC is increasing its budget when the number of eligible complaints is falling.

“For the second year in a row, the SLCC is planning an above inflation increase in the costs which solicitors and clients must pay to fund its operations.  Worse still, it is the second year where the SLCC has consulted on draft plans and then made no changes in response to the concerns raised.  Meanwhile, other similar complaints handling bodies are making efficiency saving and cuttings costs.

“There was a real opportunity here for the SLCC to progress major changes to the way it administers legal complaints.  It could have looked afresh at how it operates and embrace some radical thinking to improve efficiency and cut costs. Instead, concerns raised in the consultation have been dismissed in the knowledge there is no body to oversee or reject the SLCC’s cost rise.  In fact, the SLCC could have doubled or tripled its budget and nobody, not even the Scottish Government, could stop it.  This gap in accountability needs to be addressed in the years ahead.”

The independent review of legal services was established by the Scottish Government in April 2017, led by chair Esther Roberton.  It is expected to report in late summer. The Law Society recently submitted a detailed set of plans of reforms to improve the complaints system.

Graham Matthews added, “The current processes for handling legal complaints, many of which are set out in legislation, are slow, cumbersome and expensive.  There are some quick fixes which could be made now and ahead of more fundamental reform.  This could make the processes involved simpler, quicker and more effective, both for the public and the legal profession.  We look forward to engaging with the Scottish Government over the coming weeks as we seek to build a consensus on how best to take these reforms forward.”