Investigating complaints
We investigate complaints about the behaviour of MSPs, local authority councillors, and board members of public bodies and about lobbyists.
Regulating public appointments
We regulate and monitor how people are appointed to the boards of public bodies in Scotland, and promote diversity.
About the Ethical Standards Commissioner
The Commissioner and their team work within their remit to encourage fairness, good conduct and transparency in public life in Scotland. We investigate complaints about the behaviour of MSPs, local authority councillors and board members of public bodies and about lobbyists. We also regulate how people are appointed to the majority of boards of public bodies in Scotland.
Our values, our purpose and our objectives are set out in our strategic plan and our biennial business plan.
Investigations Manual
As set out in our revised Strategic Plan for 2021-2024, the purpose of the office of the Ethical Standards Commissioner is to conduct, without fear or favour, investigations into the ethical conduct of individuals in public life in Scotland and to report honestly and transparently on our findings.
The Investigations Manual (the "Manual") has been created to codify our investigations processes across all aspects of the office's work. This includes the work of the Standards team, which investigates conduct complaints against local authority elected members, board members of public bodies, lobbyists and Members of the Scottish Parliament, and the Public Appointments team, which investigates complaints relating to public appointments and which examines the appointments practices of the Scottish Ministers.
The Manual has been in place internally since June 2021 but has been finalised in consultation with our stakeholders, including the Scottish Government, the Scottish Parliament, the Standards Commission for Scotland, the Convention of Scottish Local Authorities (COSLA), the Society of Local Authority Lawyers & Administrators in Scotland (SOLAR) and the Society of Local Authority Chief Executives (SOLACE), and members of the public via public consultation which ended on 28 November 2022. We take this opportunity to thank all of our consultees, each of whom we will individually respond to over the course of April 2023 so it is clear that their responses have been considered and accounted for in the finalisation of this Manual.
For the first time in the history of this office, this Manual is published for public reference in line with our commitment to accountability, honesty and transparency. It will be reviewed and updated regularly to ensure it remains a true reflection of our office's processes and takes account of feedback from the public and our stakeholders, any changes from applicable Code and guidance revisions and legislative amendments.
Due to file size and length of the document, the Appendices will be included separately and will be published in early April 2023.
What's new
Complaints
Public appointments
Corporate
Investigations Manual
For the first time in the history of the office the Commissioner has published their Investigations Manual for public reference in line with their commitment to accountability, honesty and transparency. The manual has been created to codify the investigations processes across all aspects of the office's work and was finalised in consultation with our stakeholders.
Revised Code of Practice for Ministerial Appointments to Public Bodies in Scotland
The revised Code of Practice for Ministerial Appointments to Public Bodies in Scotland and accompanying Statutory Guidance are now live and will be applied to all new appointment rounds commencing after 3rd October 2022.
Updated Guide to Information
The Commissioner recently updated their Guide to Information. This shows you the information we produce and how you can access it.
Investigation Report on a complaint about the ESC
In January 2021, a number of concerns were raised about how we investigated a complaint about the conduct of a Councillor. The issues raised were significant and we commissioned an independent investigation. We have now published the resulting report which details the issues, the investigation, the findings and our responses to the recommendations.
Diversity in public appointments
Do you understand the difference that diversity makes in public appointments? Our page on promoting diversity might help.
Records Management Plan Agreement
On 02 March 2023 the Keeper of Records for Scotland agreed the Commissioner's Records Management Plan.