Cammy Day complaints raises safe-guarding council issues, report says

The Herald Scotland

2 days ago

The investigation focused on how the Council handled any allegations made, the policy and procedures in place to deal with similar types of allegations and what improvements could be made to safeguard against any inappropriate behaviour in future.
The report makes a series of recommendations around the council's complaints procedures and whistleblowing policy with a focus on the safeguarding of victims.
It comes after former City of Edinburgh Council leader resigned at the end of last year after two Ukrainian refugees who had settled in the city told a newspaper he repeatedly sent them inappropriate messages on a dating app.
Since then, other complaints about Mr Day were revealed by the press.
However, the former council leader has since been cleared of criminality in a separate Police Scotland investigation and has claimed he has been subject to a political plot against him.
The inquiry published today by the council, however, found there is "no doubt" there is a "significant perceived power imbalance" around the complaints being made to Edinburgh City Council about the "alleged unwanted behaviour" of the former council leader.
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The inquiry involved a detailed review of council policies, reports and other documents, webcasts of council meetings and 35 structured interviews.
In his report, the author, Mr Dunion, who was appointed to the task in February, writes: "There are...instances which have apparently been reported up the management chain, such as alleged unwanted advances being made to junior staff but being treated as gossip, or concerns about a social relationship with a young member of staff being formed, but a procedural response taken, based around the narrow legal requirement for safeguarding."
As part of its remit, his report considered whether the safeguards in the Council are sufficient to prevent behaviour such as that alleged in relation to Councillor Day occurring.
Mr Dunion states: "The question has been posed in my remit as to whether the safeguards in the Council are sufficient to prevent behaviour such as that alleged in relation to Councillor Day occurring.
"In short, the answer is no."
Kevin Dunion (Image: supplied)
He recommends further consideration of councillors' conduct, their interactions with staff and the appropriateness of some social events in the City Chambers.
His comments come as in his review, he notes: "Several councillors and staff interviewed have commented adversely on this prevalent culture of hospitality, which can be taken to excess and have suggested that this practice cease completely."
The report also includes a review of a 2018 complaint which involved a 15 year-old boy who was alleged to have been groomed online via email by the council leader and invited to his flat with "sexual intent" in 2010.
Even in 2018, the complainant said he remained "fearful" of retaliation if the councillor concerned was made aware he was the complainant, according to the report.
As is stated in the report, the complaint was not shared with the Chief Executive and Monitoring Officer.
Commenting on the council's handling of this, Mr Dunion states: "There are some inadequacies in the handling of this complaint.
"The seriousness of the claim of potentially criminal behaviour by a councillor, who might be the Deputy Leader, is such that the emails should have been shared by the Council Leader with the Chief Executive and Monitoring Officer.
"They would then have been in a position to decide whether to contact the police or been able to respond to enquiries from them, had the complainant contacted the police as advised by the Business Manager."
Mr Dunion also goes on to point out that the email containing the complaint mentioned the 15-year-old had previously suffered sexual abuse.
The investigator states: "This was information which should have been provided to the Council, to decide whether to conduct its own enquiries."
He adds: "An unintended and unexpected consequence of not sharing the complaints with the Chief Executive and Monitoring Officer, and retaining the email exchanges only in the individual mailboxes of the recipient, meant that they became vulnerable to loss, and thus significantly diminished the quality of evidence once a report was made to the police."
Later on in his recommendations, Mr Dunion highlights the need to properly record complaints.
Mr Dunion does, however, find that a complaint made to the Chief Executive in relation to Councillor Day in December 2023 regarding a Ukrainian refugee was "properly considered and investigated in line with the Council's policies and procedures."
He also notes that the handling of the two whistleblowing disclosures made in 2023 were "well-handled and properly considered in line with the Council's policies".
Recommended measures to improve the complaint system include improved awareness by councillors and staff of what constitutes bullying and harassment and a need for clear routes of the complaint, with expectations as to line management response.
Mr Dunion also recommends greater emphasis on providing HR support for staff experiencing poor behaviour from councillors and better record keeping of complaints, informal as well as formal, so that patterns of poor behaviour may be recognised.
He also suggests there should be a review of the whistleblowing policy and role of Whistleblowing Sub- Committee.
Responding to the review, Chief Executive Paul Lawrence said: 'I want to thank Kevin Dunion for leading this sensitive review and for his report, not least given the complexity of the brief and tight timescales.
'I know this must have been challenging and a difficult experience for many people and I particularly want to thank those who came forward to be interviewed or provided information to the review. Your input is very much appreciated."
Subject to approval by councillors next Thursday, the council is expected to bring a further report in August outlining their "proposed actions" in response to Mr Dunion's recommendations
Mr Day led the city council's minority administration from 2022 and was deputy council leader for the five-year term preceding that.
Concerns surrounding his behaviour had been raised twice through the council's external whistleblowing service, and directly with his former senior coalition partner, the SNP's Adam Nols-McVey.
Following this, councillors unanimously agreed to commission a review of how all complaints were handled.
Police also opened an investigation into an allegation of inappropriate behaviour against the 50-year-old.
However, the police have since said their enquiries uncovered no criminality.
Following the allegations, Mr Day claimed to have been the victim of a 'political attack' co-ordinated by his opponents in the City Chambers.
Asked if she shared Mr Day's view the allegations that led to his resignation were part of a political plot, Council leader Jane Meagher told The Herald she was unable to comment, however, she did say there were people who want to "undermine" others.
Ms Meagher said: 'I don't feel I've got enough information about that.
'I think that inevitably in politics there are people who work away to undermine, but I don't want to make any comment about that. What I want to say is that I am really looking forward to having the former council leader back in the party.
'He's been cleared by the police. I am so looking forward to welcoming him back because he's a very experienced and committed councillor."
Pressed on whether she had concerns about the behaviour alleged in various press reports, the Scottish Labour council leader said she "prefer[s] to go with facts rather than allegations.'