Faculty drags heels on implementing disciplinary rules

Faculty drags heels on implementing disciplinary rules

Proposed reforms to how the Faculty of Advocates handles disciplinary complaints will not be in place until at least late 2026 – nearly three years after the Scottish Legal Complaints Commission (SLCC) first demanded action – with every element of the new system dependent on rules that still require public consultation, judicial approval and redrafting.

The SLCC has published its second annual report on the progress made by the Faculty of Advocates in implementing recommended improvements to its conduct complaints process.

Commenting on the report’s findings, Sarah Hamer, oversight and assurance manager said, “This report details the progress made this year to meet our 2024 recommendations. However, it remains the case that parties to a complaint made today will not yet benefit from the Faculty’s planned improvements.

“Bringing a complaint, or being subject to one, is difficult enough. The starting point for any complaints process is that it should be understandable and accessible, with investigations completed within a reasonable timescale.

“We note, however, that the Faculty recognises our concerns and the importance we place on demonstrable progress. Full compliance with the statutory recommendations will support the Faculty in its aim of operating a professional disciplinary process that embodies the highest possible standards of quality, proportionality and fairness.

“We also welcome the lord president’s recommendations to the Faculty to ensure the rules reflect good regulatory practice and meet the needs of both consumers and advocates.

“We expect the Faculty to implement its updated disciplinary rules swiftly once approved by the lord president.”

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