Complaints About Members of the Scottish Tribunals

What do I do if I have a complaint against a Tribunal Member?

Complaints against Tribunal Members

The Lord President has made rules for the investigation and determination of any matters concerning the conduct of members of the Scottish Tribunals: Complaints About the Scottish Tribunals Rules 2018. 

The Judicial Office for Scotland will consider complaints about the personal conduct of legal and ordinary members of Housing and Property Chamber, Tax Chamber, Health and Eduction Chamber, General Regulatory Chamber and the Upper Tribunal for Scotland, but cannot deal with complaints about judicial decisions or the way in which cases have been handled.  The usual way to challenge a decision is to appeal.  If you are considering appealing a judicial decision, we would recommend that you obtain legal advice.  You can obtain such advice from a solicitor or the Citizens Advice Bureau.

If you wish to complain about the personal conduct of a member listed in the Complaint Guidance, whether inside or outside of the hearing, you should complete the above complaint form and return it to:

Judicial Office for Scotland
Parliament House
Edinburgh
EH1 1RQ
or by email: judicialofficeforscotland@scotcourts.gov.uk

The Rules and guidance provide more detail, but you should note that your complaint must be in writing and clearly state:

  • your name and address;
  • the name of the tribunal members or information to enable them to be identified;
  • where appropriate, the hearing venue, and the date of the hearing; and
  • specific details about the grounds of your complaint.

You must include copies of all the documents that you have that you are relying on to support your complaint.

Your complaint should be made as soon as possible and, in any event, no later than 3 months after the incident that you wish to complain about. If your case or appeal is on-going, your complaint may not be considered until your case has concluded but you should still make your complaint in time. The time limit for making a complaint may be extended only in exceptional circumstances. 

Mental Health Tribunal for Scotland

The President of the Mental Health Tribunal for Scotland (MHTS) has appointed the Judicial Office for Scotland to handle complaints made against members of MHTS. 

Further information can be found on the MHTS website

If you are unsure about which orgainsation you should complain to, please conact the Judicial Office for Scotland on the above details and a member of staff will be more than willing to assist you. 

See the privacy notice for information about how we handle personal data.

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