SDS Option 1 implementation and the rule of law

Does SDS Scotland have any concerns about local authorities simply not following the law? I have my own experience that I’ve mentioned on the forum, and I’m wondering if SDS Scotland is tackling issues around the rule of law.

To be clear, I’m not talking about ‘best practice implementation’. I’m talking about completely ignoring what is clearly the law. Is there any strategic litigation we can get involved in? Are there any law firms tackling this?

Hi @Josh

The legislation in some cases is poorly written, which leaves it open to a degree of interpretation. Our approach at SDSS is to work with Local Authorities to improve understanding and implementation, which ultimately we feel is the best approach. Even so, some Local Authorities may still fail to meet fairly clear legislative obligations and we have been involved in highlighting this and correcting it (eg. closing complaints processes during COVID).

We can’t bring a legal case on someone else’s behalf. If you haven’t been in contact with them already, I would suggest you speak to Civil Rights First who’ll be able to advise you:


I’d be interested to know which bits of the legislation you think are poorly written. In any case it would be good to have some case law. I haven’t been able to find any cases yet of any relevance.

Yes, I know SDS Scotland isn’t a legal firm and can’t comment on specific cases. You can talk about the law in general though, and share your expertise and knowledge on these forums. Only if you have time, and it fits with your priorities, of course.