East Dunbartonshire Council: Union anger as ‘biased’ probe rejects claims ‘suicidal’ staff were bullied

The probe was launched following claims staff self-harmed and had suicidal thoughts while suffering bullying and harassment by bosses.

Last year it emerged that the council which was hit by claims staff self-harmed and had suicidal thoughts due to bullying and harassment paid out £230,000 in gagging agreements over the previous five years.

Figures show that 14 settlement agreements were paid out by East Dunbartonshire Council between April 2016 and April 2020, all with controversial non-disclosure clauses in place.

The data also showed that there were at least 17 bullying grievances raised by staff over the same period, however none of these were upheld.

The Herald on Sunday understands that while the full report has not been published, staff have been told by the council that there was "no substantiated evidence of bullying or intimidation" and "no evidence to support assertions of widespread or systemic poor professional practice".

But staff have been told in a memo seen by the paper that they did find issues in "two small groups where communications and relationships are not as they could and should be" and that it was seeking improvements.

Public services union Unison has urged health secretary Humza Yousaf to intervene in the probe over incidents at the social work services wing of the East Dunbartonshire Health and Social Care Partnership (HSCP) amid fears workers have lost confidence that any recommendations will be acted on, with union officials saying a report on the probe found there was "nothing substantial to see" but has been kept under wraps.

They say their members who as part of the council’s investigation process had individual outcomes and have appealed these have heard nothing for many weeks and are left with no indication of further hearings being set.

And they say that while the leaked report acknowledges evidence of management failings and bad management there was no indication of any recommendations for any individual to address their behaviour or be accountable.

The union said a refusal to have any independent involvement in the inquiry was "a major failing".

Unison's view throughout had been that an external independent component to the investigation was required to ensure it was thorough, objective and to promote confidence. But it said this was consistently refused.

"The resulting report is unsatisfactory and lacks our confidence and support as a sound piece of work," the union said.

Staff have been told that the council was to take the opportunity to "improve on the implementation of some processes and most importantly to seek to address a small number of poor relationships across an isolated number of teams to strengthen them for all team members and managers".

It said work was required to ensure that the "small number" of affected employees, including team leaders and managers, "feel supported and valued members of the teams within which they work, and that open an constructive communication and engagement is reinforced.

Staff were told that within human resources' disciplinary, grievance and wellbeing support, systems and processes were seen to generally work well with policies and procedures followed correctly, there were a small number of cases, which exposed "issues of the timing of actions being closed out and communication to those involved were identified as weaknesses".

This was to be addressed through additional and refresher training and other support measures to help ensure timescales are met.

And staff were told: "The continuing challenges facing our social work services and our colleagues who deliver them are significant, even without the arrival and ongoing challenges of the Covid-19 pandemic. Our success in meeting these challenges will only be best addressed by the concerted efforts of all those involved in supporting our social work services.

"This will require the commitment and energy of our team members, their trade union representatives and service managers to communicate and work effectively together, to highlight and resolve issues early where this can be achieved and to address disagreements and differences as quickly and effectively as possible."

The investigation centres on the local authority-controlled social services department and was prompted by a letter from “concerned workers”, sent out to various parties.

It is understood the report states that 10 members of staff who came forward were wrong in their belief that they were bullied.

But Unison say that individual outcome letters show that several complaints were upheld or partially upheld.

The union said the the "vague general conclusion" is challengeable.

They said that complaints should be the "cause for significant concern" because bullying if often under-reported.

Unison say the reported evidence that bullying complaints are not upheld in East Dunbartonshire is likely to have influenced the numbers of workers who would make the decision to come forward.

Unison has written to the health secretary to complain that the full report into the allegations has not been divulged for open scrutiny and that there has been "no dialogue with the union on any actions to take forward the recommendations of their own report nor any discussion on our response".

In a letter to Mr Yousaf, they say: "We therefore lack confidence that there is any intent by the council or health and social care partnership to take forward their own recommendations, let alone engage with us meaningfully on our concerns."

The letter, also sent to Scottish Social Services Council chief executive Lorraine Gray, Care Inspectorate interim chief executive Edith Macintosh and the Scottish Government's chief social work advisor Iona Colvin says: "We believe as regulators, advisers and as cabinet secretary that you have a locus in ensuring that social work services in East Dunbartonshire are the best they can be and that public sector workers who deliver them are fully supported in their challenging work, furthermore social work staff should have access to robust fair processes to raise concerns. We do not believe on the above evidence that you can have confidence that is the case."

A Unison analysis of a leaked version of the report says the council sought to "minimise issues, flips the narrative and is not consistent with the individual outcome letters where a number of complaints/allegations are upheld or partially upheld".

It stated the nature of the process "do not instil confidence", adding that the 25-month investigation process was "indefensible" and had "exacerbated problems and placed increased pressure and burden on the participants".

Of the 16 members UNISON supported to give evidence to the inquiry only four received outcome letters that the union was aware of.

The union said it was evident that not all persons who sought participation had been interviewed or given opportunity to have their voices heard, describing it as a "fundamental failure".

Some 36 staff were interviewed, representing just over 14% of the 256 staff who were emailed to advise that the investigation had commenced.

Unison says that investigators' conclusion provided an "overriding feeling" that the process should not have been necessary.

"There is a fundamental contradiction between the position of nothing substantial to see here and and the 25 months it took to reach this conclusion.

"Unison sought to address these matters at the start, we have challenged delay in individual cases and in the overall investigation."

The union first raised issues with the chief officer of the HSCP on August 28, 2019.

The letter, which helped spark the probe raised serious concerns about staff being “subjected to daily bouts of bullying and intimidation” by management.

It stated: “There are a number of workers who have become so ill mentally due to the treatment from their managers that it has caused marriage and relationship breakdowns, individuals becoming physically unwell, and others using alcohol and prescription drugs as a coping mechanism.

“Staff are being told that nothing will change and if they do not like it, they can leave. I am aware that [staff] have seriously had suicidal thoughts it’s so unbearable and others have self-harmed and still the bullying and intimidation continues at unprecedented levels.”

Council chief executive Gerry Cornes said: "The council investigated the initial allegations in relation to social work, which were made through whistleblower and grievance procedures and were addressed as such. The investigation was impacted by the COVID-19 pandemic but concluded in late 2021.

"Detailed fact finding reports were undertaken as part of the investigation. These will not be shared, but the outcomes have been communicated to those involved.

"It is the council's intention to publish the outcome summary report after the local government elections. It will be shared with the relevant employees in the first instance and the council is also finalising the arrangements for the procedures that remain pending following thecommunication of investigation outcomes to individuals."