Making a complaint to the Scottish Court Service

Introduction

Making a complaint

How to make a complaint

What you need to tell us when complaining

Responding to your complaint

If you remain dissatisfied

Complaining about others working in the courts

Contact us

Introduction

Despite our best efforts, we recognise that we can’t get it right every time. We set out the standards we expect to achieve in our Court User’s Charter. We do want you to tell us when we make a mistake or fail to meet your expectations so that we can try to put things right and make improvements for the future.

This information tells you what to do if you wish to make a complaint.

 

Making a complaint

You can complain to us about our facilities, the service we provide or a member of staff. For example:

  • if a member of staff was rude or unhelpful
  • you experienced unnecessary delay at the counter
  • you were given wrong, misleading or unclear information
  • if the facilities were inadequate.

We cannot comment on or consider any communication about a judicial decision. You may have a right to appeal if you do not agree with the decision reached in your case. You should seek legal advice about this without delay as time limits may apply.

If you wish to make complaint relating to the conduct of a judge or sheriff there is a separate complaints process and details are available at: http://www.scotland-judiciary.org.uk/15/0/Complaints

There are also procedures in place for you to complain about others in the justice system for example, the police or solicitors. You can find further information about this in the section Complaining about others working in the courts.

 

How to make a complaint

The best way to complain is in person at the time. By doing this, court staff can address your concerns immediately and may be able to resolve matters without your facing unnecessary inconvenience.

If you do not get a satisfactory answer from the staff you are dealing with, or you would prefer to complain in writing, you should write to the senior manager of the court. This is the Sheriff Clerk or, in the Court of Session and the High Court, the Deputy Principal Clerk.  You will find details of how to contact the senior manager on the notice board in public areas. Or you can ask one of the court staff or visit court details

 

What you need to tell us when complaining

You should give us as much information as possible when making a complaint. You should include:

  • Your name and address
  • While we do not make telephone contact on every occasion, it is sometimes helpful to do so.  If you do not mind receiving a telephone call about your complaint, please provide a telephone number we can use.  We would normally telephone between the hours of 9 am and 5 pm.
  • Why you were using our services. For example
    • you asked for advice or information
    • you were a witness
    • you were on jury service
    • you came to court as a victim or an accused person.
  • When and where the incident you want to complain about happened.
  • Where appropriate, who you want to complain about. We will normally identify ourselves by name when writing or telephoning.
  • Explain as clearly as you can what you are complaining about.  
  • Say what you would like us to do to put things right.

 

Responding to your complaint

We want to resolve your complaint to your satisfaction and so we have a robust internal complaint handling process in place.

Once we have received your complaint we will:

  • Send you an acknowledgement usually within two working days of when we receive it.
  • Investigate your complaint thoroughly.
  • Send you a full reply within 20 working days of each stage in our complaints procedure being activated. We will let you know if we cannot respond within this timescale.

If you are not satisfied with the response you receive from the Sheriff Clerk or the Deputy Principal clerk you may ask the Sheriffdom Business Manager or the Principal Clerk to review the matter. Any written reply you have received from the senior manager will tell you how to do this. You will also find that information on the notice board in public areas, and court staff will provide this on request.

If you are not satisfied with the response from the Sheriffdom Business Manager or the Principal Clerk, you should tell us and the Chief Executive will appoint a senior member of the staff of the Scottish Court Service to review your complaint and its handling. This review is the final stage of our complaints procedure. To request a review you should write to the Correspondence Manager, Scottish Court Service Secretariat, 1A Parliament Square, Edinburgh, EH1 1RF.

 

If you remain dissatisfied

If we have not been able to resolve your complaint to your satisfaction internally, you may ask the Scottish Public Service Ombudsman to consider your complaint. The Ombudsman will normally act only:

  • Once the complaint has been fully investigated using our internal complaint handling process.
  • If the complaint is referred within 12 months of the issue originally arising. The Ombudsman will only consider the complaint outwith that period if there are special circumstances.
  • If the complaint is made by the “person aggrieved” or by a person authorised in writing for the purpose of the “person aggrieved”.
  • If the complaint is made in writing or electronically unless the Ombudsman is satisfied that there are special circumstances which is appropriate to consider a complaint orally.  

Contact details of the Ombudsman are below.

The Scottish Public Service Ombudsman
4 Melville Street
Edinburgh
EH3 7NS

Tel no: 0870 011 5378
Fax no: 0870 011 5379

www.ombudsmanscotland.org.uk

 

Complaining about others working in the courts

Use the details below to complain about others working in the courts.

Who

Address complaint to

Solicitors

The senior partner of the firm that acted for you.
 
Or you can contact the Scottish Legal Complaints Commission, The Stamp Office, 10 -14 Waterloo Place, Edinburgh, EH1 3EG. 
Their telephone number is 0131 528 5111. 

Their website can be found at
 http://scottishlegalcomplaints.com/

Social workers

The Director of Social Work of the appropriate Council. Contact information from www.cosla.uk

Police officers

The Chief Constable of the force to which the officer you want to complain about belongs.

Crown Office and Procurator Fiscal Service

(i) by email to PS/COPFS@scotland.gsi.gov.uk
(ii) in writing to your local Procurator Fiscal’s Office
(iii) by telephone or fax to your local Procurator Fiscal Office (
(iv) in person at your local Procurator Fiscal Office.

 

Contact Us

Please contact us if you require any further information about how to use our complaint procedure or if you have any other questions.  We would also welcome any general comments and suggestions about how we can improve the service. You can give us feedback on a ‘Customers Comments/Suggestions’ card at your local court or you can write to us at:

Scottish Court Service
Secretariat
1A Parliament Square
Edinburgh
EH1 1RF

Tel no: 0131 444 3300

Email: enquiries@scotcourts.gov.uk