SLCC urges Faculty to finalise improvements to complaints process

The Faculty of Advocates has still not published new disciplinary rules, despite being encouraged to do so 18 months ago by the Scottish Legal Complaints Commission (SLCC).
In December 2023, the SLCC made three recommendations to Faculty: to improve the clarity of its disciplinary rules; write a complaints policy and procedure manual and review its training for complaints committee members.
In January 2024, Faculty committed to drafting new disciplinary rules and instructing a parliamentary draftsman to undertake this work. This was anticipated to start in July 2024. Faculty confirmed it was also consulting on a proposal that the burden of proof be changed from the criminal standard (beyond reasonable doubt) to the civil standard (a balance of probabilities).
It also agreed to draft a new policy and procedure manual following completion of its work on the disciplinary rules and its new publication policy.
Finally, it said it would review the training it provides for complaints committee members with the aim of introducing a new approach aligned to changes to its complaints procedures and the introduction of a complaints policy.
Following an SLCC report in June last year that found Faculty’s complaints process to be too complicated it made another two recommendations: that sanctions guidance be issued and that a guide be created for complainers explaining the disciplinary rules and complaints process.
Faculty updated the SLCC on its progress in implementing the recommendations in January and again in May this year, when it said that due to its “comprehensive approach and ongoing legislative changes” the rules were yet to be finalised.
Sarah Hamer, oversight and assurance manager, said: “We welcome Faculty’s commitment to improving its complaints process, and the progress made since we made our five statutory recommendations in December 2023 and July 2024.
“We note that Faculty has taken a comprehensive approach and decided to fully review and re-write the disciplinary rules which govern its complaints process.
“However, it is clear that compliance with our recommendations is dependent on the approval and publication of the new disciplinary rules.
“Until this happens, neither complainers nor advocates complained about will benefit from the planned improvements to Faculty’s complaints process.
“We urge Faculty to conclude this work swiftly so it can implement these important improvements.”