Updated ministerial complaints system published

John Swinney

The independent procedure, which has been developed in partnership with trade unions, will now be reviewed further by the unions as well as by staff and Parliament before it comes into operation in February 2022.

Under the procedure, external, independent investigators and adjudicators will handle formal complaints of bullying, harassment and discrimination. The Scottish government will then be responsible for acting on the final decision if the complaint is upheld.

The Deputy First Minister confirmed that Scottish ministerial code will be reviewed to ensure it takes account of the new procedure.  These revisions will be discussed and taken forward with the independent advisers on the code and confirmed in due course. 

The updated procedure is part of wider improvement work in response to the reports from Laura Dunlop QC, James Hamilton and the Scottish Parliament’s committee on harassment complaints which covered various aspects of the Scottish government’s complaints procedure and associated issues, as well as from lessons learned within the organisation.

Deputy First Minister John Swinney said: “The Scottish government has learned valuable lessons and is putting the interests of those making complaints at the heart of plans to improve the handling of future issues.

“The updated procedure is part of the organisation’s commitment to embedding a culture where bullying and harassment is not tolerated and where there is trust in how matters will be handled if things go wrong. Where a complaint is necessary it is crucial those involved have confidence and can engage constructively and fairly in the process.

“We are determined to make this procedure as robust as possible for those raising a formal complaint, which is why we will invite our independent advisers to offer advice on any necessary adjustments to the Scottish ministerial code in the context of this update to ensure ministers engage fully with it.   

“This on-going work is informed by our engagement with trade unions and employees, including those with lived experiences of bullying and harassment. It is crucial in helping us build a positive and respectful culture with the highest standards of behaviour so that the Scottish government can continue to carry out its programme delivering for the people of Scotland.”