Who investigates the investigators? And what purpose does an independent Determination Committee serve if it merely adopts an investigator’s recommendations without addressing material objections?

Mohammed Sabir, principal solicitor at MBS Solicitors, examines the Scottish Legal Complaints Commission’s investigation and determination procedures through a complaint in which he represented the complainer.

The case raises serious questions about procedural fairness, transparency and independent scrutiny. The investigator considered relevant file notes which the complainer had not been permitted to see. Requests for independent legal review of the investigator’s approach were refused. Despite detailed written representations challenging the investigation, the Determination Committee’s recorded response was simply: “The committee agreed with the reasoning given in the Recommendations.”

Would such an approach to undisclosed evidence be acceptable in a court of law? If not, what safeguards should apply to an inquisitorial complaints process?

With reforms under the Regulation of Legal Services (Scotland) Act 2025 now being implemented, the article examines whether the proposed changes adequately address these concerns and whether the SLCC should also scrutinise historic decisions potentially affected by procedural shortcomings.

Read the full article on the SLN website