SLCC claims "best ever year" of performance

2018-19 was the "best ever year of performance" for the Scottish Legal Complaints Commission, its annual report claims today. 

The 12 months to 30 June 2019 saw the highest ever number of complaints assessed, resolved or determined, along with a fall in the number of cases in progress as older cases were cleared. A strategic focus on early resolution, particularly at the complex eligibility stage was a key factor; and a "more open approach to risk" helped deliver some changes in the core complaints handling process.

Complaints received in the year rose from 1,227 to 1,326, including an "unprecedented" group of 84 linked complaints against two legal firms. Of the total, 1,300 were against solicitors, with 730 (up from 579) being accepted for investigation, including 42 of the linked complaints, and 26 against advocates, of which only five were accepted for investigation.

Service complaints accepted for investigation rose from 230 to 347, including the linked complaints; conduct complaints from 213 to 216; and hybrid complaints from 122 to 172.

Complaints resolved before a decision to accept or reject rose from 195 to 336, a further 69 were withdrawn, including the other 42 linked complaints, and 38 were discontinued due to lack of response from the complainer.

At further stages in the process, complaints resolved by mediation went up from 35 to 65 (a further 15 were resolved at this stage without mediation); those resolved after investigation, with or without a report, from 149 to 215; and those going to final determination from 136 to 138, of which 17 were upheld, 54 partly upheld and 67 not upheld. Unlike previous years, the report contains no information of the amount of compensation awarded.

Complaints closed at all stages went up from 1,268 to 1,549, while those in progress at the end of the year fell from 849 to 685.

During the year the SLCC finalised a process for recognising trends in complaints against specific firms, enabling it to carry out targeted outreach, such as training, to work with them to improve.

In addition, a new management structure supported other improvements and efficiencies in its work. This included a lease renegotiation and IT upgrades, as well as ongoing outreach and trends monitoring work.

The SLCC's annual accounts, also published today, show a net operating gain of £5,000 (previous year: £8,000 deficit), but adjusting for an actuarial loss on its pension scheme produces a £64,000 deficit compared with a £36,000 surplus in 2017-18.

Chief executive Neil Stevenson commented: "It’s great to be able to report our best ever year of performance. However, this wouldn’t have been possible without our staff and board being willing to innovate and challenge existing ways of working. We’ve also delivered real benefits to parties to complaints through early resolution, faster determinations and a new, more accessible website. The results have been achieved despite a continued rise in the number of complaints being made, and we hope this work lays a foundation for more efficient and effective working if that trend continues." 

Jim Martin, SLCC chair added: "This has been a great year of performance and I’d like to thank staff and my colleagues on the board for getting us here. However, no matter how much we find ways to innovate, there are still some challenges that tweaking around the edges won’t address. We need fundamental legislative reform."

Mr Martin describes as "disappointing" the delay in taking forward the Roberton review of the regulation of legal services in Scotland, adding: "The current regulatory and complaints system are in urgent need of root and branch reform. It is clear that the current system falls far short of what the public expect of effective regulation."

Commenting for the Law Society of Scotland, chief executive Lorna Jack said: "We are pleased to see the SLCC’s improved performance and its progress in clearing the backlog of cases. However, it is clear much more needs to be done.

"We need a complaints system that is fit for purpose, yet few would argue we have that currently. Twelve years on from the SLCC’s creation, consumers, solicitors and advocates still face a system which is slow, overly complicated, and costing more money to operate than ever before. There is also the challenge of the system being filled with ineligible complaints which still take up time and money to administer.  

"This is why we are working closely with the SLCC to identify reforms to improve the system and speed up key parts of their processes. This can help consumers with genuine complaints get the redress they deserve more quickly. It also means we can protect the public by investigating alleged misconduct at an earlier point. These changes would need secondary legislation through the Scottish Parliament and we hope ministers can make this an early priority ahead of wider reform.”

Click here to access the annual report; and here to access the annual accounts.