Time limits

Under the SLCC’s Rules, there are strict time limits as to when we can accept complaints.  The time limits which apply depend on what type of complaint you are making.  You should submit your complaint to us as soon as possible and we will then categorise it, with the following time limits applying to the different categories.

Our time limits changed on 1st April 2023. The following information applies to all complaints received by the SLCC after that date.

If the complaint, or part of it, is about inadequate service a practitioner or firm has provided you, the time limit is 3 years after the date on which you were last provided with a service in connection with the specific piece of legal work you are complaining about.

If the complaint, or part of it, is about inadequate service a practitioner or firm has provided someone else (what we call a third party complaint), the time limit is 3 years after what is being complained about happened.

If the complaint, or part of it, is about the conduct of the practitioner or the practitioner being convicted, the time limit is 3 years after what is being complained about happened, or the date of the conviction.

When checking the time limits, we don’t include any time you were excusably unaware of the alleged conduct or inadequate professional services. An example of this might be a problem when you bought your house that only came to light when you tried to sell it at a later date. This doesn’t include being unaware that you could make a complaint to us.

Don’t worry if you’re not sure if your complaint is about inadequate professional service or conduct – this is something we will decide.

If you’re concerned that you may be at or close to the time limit

You should send us your complaint as soon as possible.

If we think your complaint is outside the time limit

If we think that your complaint, or part of it, is outside the time limit, we will write to you to ask for your comments, including whether there are any exceptional circumstances that mean that we should accept the complaint outside the time limits and what evidence you can provide us to support this.

The only time that we can accept a complaint outside the time limits is when we think that:

• There are exceptional reasons why the complaint was not made sooner; or
• The matters complained about, or the circumstances in which it is made, are exceptional. 

Exceptional reasons may include:

• A serious medical condition or a significant time in hospital
• A serious medical condition of a close relative when you were the main carer, if this prevented you from making your complaint
• Certain personal circumstances that made complaining difficult - for example, serving in the armed forces in a war zone.

These would not normally include:

• Not knowing about the SLCC or our time limits
• A medical condition that only affected you for a short period of the time in question
• A prolonged medical condition that wouldn’t have prevented you from making a complaint
• Being too busy.

Exceptional circumstances may include:

• The seriousness of the allegations
• The allegations are of a wider public interest - for example, allegations of theft or fraud.

Re-assessing time limits

If new information comes to light during our investigation that suggests the complaint or part of it may be outside the time limit, we may check the time limit again before we continue investigating.

Additional time limits

If your complaint is about inadequate professional service before January 1989, we will be unable to accept it as there was no legislative concept of inadequate professional service before this date.#

Any other queries relating to time limits

Contact our Enquiries team on 0131 201 2130 or email enquiries@scottishlegalcomplaints.org.uk.

Note, we won’t be able to assess time limits over the phone for you.

This information is an overview of our time limits.  Detailed information is available in our Rules.