SLCC determination appeal cannot challenge complaint classification: judge

An appeal against the determination of a complaint by the Scottish Legal Complaints Commission cannot be used to review the SLCC's earlier decision to classify the complaint as being "hybrid", a Court of Session judge has ruled.

The SLCC gave details today of a decision on 21 August by Lady Smith, who held that the classification appeal was out of time.

A hybrid complaint is one that combines allegations of inadequate professional service, which is for the SLCC to investigate and decide on, and professional misconduct, which has to be considered by the Law Society of Scotland.

Lady Smith said that the attempt to challenge the final determination of a complaint by reviewing its status was in reality an attempt to challenge the "classification decision" of the SLCC at a much earlier stage of the complaint process, which itself was subject to a right of appeal notified to the parties at the time. She decided that, where no appeal had been brought against the classification decision within the appeal period, any attempt to challenge the hybrid classification after the final determination of the complaint came too late and would likely be excluded by time bar.