If either party does not agree to settle a complaint at the investigation stage, a Determination Committee makes a final and binding decision about the complaint.
A Determination Committee consists of 3 member; one ‘legal’ member (someone who is legally qualified) and 2 ‘lay’ members (who are not legally qualified).
The Determination Committee considers the complaint afresh and is not bound by any earlier attempts at resolution but makes its own decision about appropriate outcomes and redress.
Depending on the nature and complexity of the case, a Determination Committee may determine a case having considered the complaint electronically and reach a decision ‘remotely’ without having to meet face to face. In these ‘remote’ Determination Committees it is still the case that the Committee must reach agreement on the final outcome and to do so they can discuss the case through telephone or video conference.
In any case, it is also always possible for the Determination Committee to meet in person if required in order to reach a decision. This may happen for example if there are particular complexities in a case or if the committee members feel there is a benefit to meeting in person, rather than deciding remotely on the outcome.
A Determination is the end of the SLCC’s complaints process. It is enforceable and challengeable only through appeal to the Court of Session.