Report finds inadequacies and lost emails at the City Chambers
The City of Edinburgh Council will next week discuss a report by former Information Commissioner, Kevin Dunion, which he has presented to them after a four month long investigation.
In February the council appointed Mr Dunion to report to them on matters surrounding former Council Leader, Cllr Cammy Day, who had resigned as council leader in December 2024 amid allegations of misconduct against him.
In the report Mr Dunion suggests ending Christmas parties held by political groups within the City Chambers, questions the working arrangements of the council where officers work in Waverley Court while councillors work in offices on the High Street, and suggests a refreshed induction and training process for new councillors in regard to the Councillors Code of Conduct, with an annual refresher for existing councillors. Mr Dunion said many of his interviewees suggested the practice of holding such social events in the City Chambers should cease.
He reminds councillors that the Code of Conduct revised in 2021 states that each one of the 63 elected in Edinburgh gives a personal undertaking: 'I will meet the public's expectations by ensuring that my conduct is above reproach.' There are also declarations on the part of the councillor that they will not engage in bullying or harassment.
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, we will bring a further report back to the Policy and Sustainability Committee in August, outlining our proposed actions in response to Mr Dunion's recommendations.'
The Dunion Report
Cllr Day denied any wrongdoing, saying that any communication of explicit photos on dating apps, which was the inappropriate behaviour he was accused of, was his personal business, but he stepped down as leader on 9 December 2024. He was also administratively suspended by the Labour Party.
Police Scotland said there was not enough evidence to mount an investigation and the Ethical Standards Commissioner confirmed to The Edinburgh Reporter in April this year that there were no other complaints 'currently being investigated against Cllr Day' (except an historic one regarding a Labour Christmas party and whether booking procedures had been followed correctly). That complaint was made against Cllr Day and five of his Labour colleagues but was dismissed.
Mr Dunion was charged with considering whether the allegations against Cllr Day were properly considered and investigated in line with the council's policies and procedures. The allegations involved two whistleblowing disclosures made in 2023, a complaint to the Chief Executive, Andrew Kerr, in December 2023 and an anonymous complaint to the then Council Leader, Cllr Adam McVey, in 2018.
Regarding this last complaint Mr Dunion writes: 'The Business Manager [to the Council Leader] at the time said that they would deal with it and responded on 17 May 2018 as follows: 'I am very sorry to read your email and as I handle the Leader's emails, I am responding to ask you to contact the police as we cannot take any action on such a serious allegation. Also, I am concerned that you need to approach someone or an organisation to help support you through this.' According to the former Council Leader, he did not see this response sent by his Business Manager until it was published online in 2024.'
In relation to the 2018 allegation the finding is that the former council leader (Cllr McVey) 'now accepts that he should, at the least, have informed the Monitoring Officer'. He confirmed reading the email and discussing it with staff. Emails from 2018 – despite extensive investigations by an IT consultancy – could not be recovered, as the Council Leader's Business Manager had left the council by then, and that email account was removed. Although Cllr McVey mentioned the matter to a Chief Superintendent with whom he had a regular meeting, he was told that unless there was someone named (victim or perpetrator) then nothing could be done by the police.
Despite allegations on social media and in the press of the content of the complaint, the handling of this is defined by Mr Dunion as inadequate – mainly due to the insufficient records kept by the council.
Mr Dunion conducted interviews with 29 people and received 20 written representations from current and former councillors and council staff. All councillors had been invited to interview. Chief Executive Paul Lawrence said in his report to next week's council: 'As part of the remit all elected members and colleagues were invited to participate in the process.'
SafeCall
The whistleblowing procedure SafeCall deals with allegations of misconduct among council staff, and Mr Dunion suggests extending that to councillors as it might 'discourage unacceptable behaviour'. There is also a suggestion this confidential service could be extended to members of the public who could then use it to retain their anonymity.
Mr Dunion said in the report: 'Even if Safecall advised them to go to the police, as the Business Manager did, at least a record of the complaint would exist, and the Monitoring Officer would have been aware of it. Consideration should be given to routing complainants to Safecall for the purpose of confidential information gathering and advice.'
Leaks
Mr Dunion was also asked to consider apparent leaks of confidential emails to the press and whether safeguards in the council are sufficient to prevent any instances of behaviour such as that alleged against the former council leader.
He speculates that leaks may be politically motivated: 'Unfortunately, however, as has occurred there may be a temptation to leak details to cause political or personal embarrassment.' A confidential email from the Chief Executive to political group leaders found its way into the Daily Record in December 2024.
As well as this, Mr Dunion found that text from a confidential report dating from May 2024 to the Whistleblowing Sub-Committee was leaked by someone who had access to the report – and who concluded that the unnamed senior individual in question was Cllr Day.
Mr Dunion appears quite frustrated by this leak and said: 'I have interviewed the members of the Sub-Committee. They clearly understand the confidentiality requirements placed upon them regarding the reports they receive, as well as the verbal updates and discussions at committee. I have individually challenged each one over the leak, as to whether they are directly responsible for providing it to The Times or have disclosed the information to someone else who may have done so. All have denied doing so. Many have expressed a view on this however there is no evidence which would allow an assertion to be made by me. Nor are there any proportionate means within the limited capacity of this review to do more.
'There is no doubt however that this constitutes an egregious breach of the confidentiality requirements of Councillors Code of Conduct and undermines confidence in the whistleblowing process. It calls into question whether whistleblowing complaints regarding councillors should be investigated or whether the Whistleblowing Sub-Committee has to be provided with information regarding such investigations.'
Mr Dunion has also suggested that the council uses the 2025 staff engagement survey for feedback on speaking up and raising concerns about possible bullying and harassment from councillors.
Cllr Cammy Day was elected as Council Leader in 2022
Christmas parties
The report mentions in particular the Christmas parties held by all political groups within the City Chambers when alcohol is served. There is a council policy on alcohol for staff, but not for councillors, and it advises staff not to allow themselves to become intoxicated or their judgement impaired. If they do then there is a clear warning of disciplinary action.
After a 2023 party it is alleged that a young Ukrainian man made a complaint of sexual harassment to a councillor who communicated it to councillors in another political party. 'It referenced unsolicited messages and images being sent through social media which continued even after asking for the behaviour to stop. The recipient was said to be feeling extremely harassed.'
There is a complex timeline regarding this complaint and one other which were made anonymously or semi-anonymously. Neither were followed up on by the complainants, with the first unable to provide evidence. As is usual, nothing of these whistleblowing complaints was communicated to Cllr Day until December 2024.
The report states: 'The complained of councillor is not mentioned by name in the email exchanges. However, in conversation prior to the formal email being submitted, the Chief Executive was made aware that it related to Councillor Day.' The Chief Executive did raise this matter with police, but they deemed there was insufficient evidence for any investigation to take place. In regard to this complaint Mr Dunion was content that proper procedure had been followed.
Mr Dunion has now presented the report in which he outlines in some detail what happened since December 2024, and makes recommendations as to what the council will do about his findings.
Recommendations
Mr Dunion has made 14 recommendations:
(i) Review procedures currently in place for dealing with potentially
inappropriate behaviour by Councillors. Clarify and expand routes of
complaints.
(ii) Ensure, whatever the source, that a record of complaints, and
responses to them, are maintained, even if it is informally addressed or
resolved, to reflect the Councillors Code of Conduct provisions
regarding Bullying and Harassment.
(iii) Distinguish between the source of complaints. For staff members, the
response should seek to align with HR policies and have a clear
escalation and feedback route, as well as consideration of recording
and monitoring to allow actions to be agreed and implemented.
(iv) Review and communicate safeguarding arrangements for those who
raise complaints.
(v) Ensure that Council staff, line managers, Speak Up Supporters, Trade
Unions and Colleague Networks are aware of the provisions at (iii) and
(iv) above.
(vi) Where appropriate, details in relation to specific managerial response
or handling of complaints to be passed to Service Director – HR for
consideration of potential actions in line with relevant HR Policy.
(vii) Consider inclusion of relevant speaking up and raising concerns
questions to gain wider staff feedback as part of colleague engagement
survey due to be conducted during 2025 to allow further actions to be
considered.
(viii) Review the Whistleblowing policy and the extent to which complaints
against councillors from the public will be accepted for information
gathering and escalation.
(ix) Consideration should be given to referring complainants to Safecall for
the purpose of information gathering and advice.
(x) Review the scrutiny function of the Whistleblowing Sub-Committee, as
to whether or to what extent it can propose operational actions to
resolve complaints.
(xi) In the event it is decided to accept Whistleblowing complaints against
councillors, consider measures to avoid conflict of interest and reduce
the prospect of breaches of confidence, such as restricted information
being provided to the Whistleblowing Sub-Committee.
(xii) Refresh induction and training process for new councillors and
undertake annual refresher training for existing Councillors on
Councillors Code of Conduct, incorporating the Protocol for
Relationships between Councillors and Employees and Advice Note for
Councillors on Bullying and Harassment, as well as any other relevant
City of Edinburgh Council specific guidance or procedures, including
that when agreed at (i) above.
(xiii) As part of wider culture and fostering trust, consider the impact of the
current working locations, and relationship and networking
opportunities with Councillors and staff.
(xiv) Consider the appropriateness of social events and hospitality
arrangements.
Edinburgh City Chambers. Photo: © 2022, Martin P. McAdam www.martinmcadam.com
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