Alleged professional misconduct – formal complaints lodged with SLCC / LSS vs Dumfries & Galloway Council’s senior legal officers.

DGPPG is reliably informed that two families have intimated formal and very detailed complaints alleging professional misconduct by two senior Dumfries and Galloway Council legal officers, both qualified solicitors on the Roll, and a former D&G Council Legal Services solicitor who left very early 2009, soon after an internal complaint was made.  It is understood he now works at the City of Edinburgh Council, although his departure was said to be a “happy coincidence”, not a consequence of his alleged actions.  

It is understood these complaints concern an allegedly deliberate and wholly unauthorised publication by email of a highly detailed but closed court record in a civil case, which contained the most sensitive and damaging personal information, some known to be untrue, about vulnerable adults and others, seemingly in a possible attempt to influence the future evidence in chief of cited witnesses in the case and so wrongly influence the judgement.  Also the allegedly deliberate presentation to the court of information allegedly known to be false and misleading and refusing to correct this for several months, when the truth was known and demonstrated. 

It is alleged that Dumfries and Galloway Council Officers have refused to investigate these matters internally, so forcing external complaints to be made.  Because the consequences have been so serious over an extended time period of more than three years, it is understood the families concerned hope the copious documentary evidence is sufficient for the case to be heard in public by the SSDT (Scottish Solicitors Disciplinary Tribunal), so all can then learn what goes on behind the scenes and may otherwise be covered up and buried.  It is understood that Social Work played a big part in these matters and further complaints will be made to relevant SW regulatory bodies, if possible.  This is because there is no effective and impartial internal D&G Council complaints process. 

It is understood the Social Work Director was directly involved, as well as his staff allegedly responsible for producing false and misleading documents or information for the court and failing to correct this when it was discovered.  It is suggested there may be other important allegations involving failure of data protection, breaches of confidentiality, conflicts of interest and failure of duty of care. 

It is further understood that the D&G Police have carried out a robust complaints investigation some time ago into those aspects of their involvement in this case, to the satisfaction of at least one family.  A comment has apparently been made that if the police can handle complaints in an honest, transparent and fair manner, leading to positive learning outcomes, then why are D&G Council Officers incapable of doing the same? 

It is also alleged that senior Elected Members were approached for help, but were not prepared to do so and have failed in their duty to represent and seek the necessary accountabilty of Officers, which would have helped correct matters much sooner.  It is understood the D&G Council Chief Executive encouraged intimation of these complaints, agreeing they were justified and not vexatious, because he was informed by statutory Officers there were no problems and that all outstanding complaints had been satisfactorily resolved, allegedly not true. 

This situation appears to be yet another consequence of the embedded and apparently deeply flawed management culture of Dumfries & Galloway Council, which has been publicly depicted as ‘morally corrupt’.  This is also apparent when reading many of the other articles and reports posted on this site and has previously been reported in independent and “damning” inspections of Dumfries & Galloway Council by both SWIA & Audit Scotland. 

It was hoped by many that the departure in 2009 of the former Chief Executive Phil Jones and the appointment of Gavin Stevenson, would herald a new era of integrity, honesty and transparency.  So far in this area of Social Work and complaints handling there no evidence that such change is apparent to ordinary citizens, who should be better served by this Council.    

If DGPPG obtains any further information that is relevant, this post will be updated.  There have been no responses to date from either the Council or UCI.