An update on hybrid complaints from the Court of Session, 21st August 2015

Lady Smith determined at the Court of Session that it was not open to an appellant, in the context of an appeal against the SLCC's determination of a complaint, to seek to review the SLCC's earlier decision to classify the complaint as being 'hybrid'. Specifically, she said that the attempt to challenge the final determination of a complaint on that basis was in reality an attempt to challenge the 'classification decision' of the SLCC at a much earlier stage of the complaint process, which is itself subject to a right of appeal. The existence of such a right of appeal is invariably notified to the parties by the SLCC when the decision on the hybrid classification is made. Lady Smith decided that, where no appeal has been brought against the classification decision within the appeal period, any attempt to challenge the hybrid classification after the final determination of the complaint comes too late and will likely be excluded by time bar.