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The Herald Scotland
2 days ago
- Politics
- The Herald Scotland
What did Edinburgh Council's misconduct probe reveal?
It is a document that will make for troubling reading for councillors across the chamber - and leaves no one covered in glory. Many on the outside will see it as just the latest in a long line of scandals to hit the council. Elected officials tasked with picking up the pieces will hope to use it as an opportunity to improve the authority's internal processes for dealing with future allegations of misconduct. But even for an organisation well-acquainted with reputational damage, this has been an especially painful episode. Why was the investigation launched? The investigation was requested by councillors following allegations made in the press against former Scottish Labour council leader, Cammy Day. It was claimed Day had, via social media, sexually harassed two Ukrainian refugees, a council employee and a constituent, including sending unsolicited messages and images of a sexual nature. While admitting to contacting men over the gay dating app Grindr, he has strenuously denied acting inappropriately and a police investigation into his actions found 'no evidence of criminality'. After it also emerged complaints had been made to the council about the former leader's behaviour, councillors in February commissioned Kevin Dunion - a well-respected public official who has previously served as the head of the Standards Commission for Scotland, which enforces enforces ethical standards in public life, specifically for councillors - to examine how any complaints were handled by the authority and report back. The core remit of the investigation was to 'review the Council's policies and procedures to identify any gaps and/or further improvements which could be made considering the concerns and behaviours alleged in relation to Councillor Day'. It involved 35 structured review meetings involving 29 individuals. What complaints did the probe focus on? Mr Dunion's investigation assessed how four complaints about Mr Day were handled between 2018 and the end of 2023. Two were made through Safecall, the council's whistleblowing service, while one was sent directly to the former chief executive, and another to the former council leader, Adam Nols-McVey, who at the time led an SNP-Labour coalition alongside Day, who served as his deputy. Were complaints handled correctly? For the most part, Mr Dunion found the complaints made were handled in line with the council's existing policies. However, he said it was 'important to recognise how few policy or procedural requirements are applicable to complaints received by the Council about the behaviour of councillors'. He added: 'The Council's policy position taken in response to such complaints is that the Council is not able to investigate and instead to direct the complainant to the Ethical Standards Commissioner and/or to the police if the behaviour may be considered to involve criminality.' The 2018 anonymised complaint contained a 'very serious allegation' that an unnamed senior Labour councillor - later identified as Day - had 'groomed' the complainant online in 2010, who was a vulnerable 15-year-old boy at the time, 'and had invited him to his flat with sexual intent'. The email also indicates that he was in care because he had suffered sexual abuse. Nols-McVey had his business manager at the time respond and also raised the matter with the police, but was advised that 'unless there was someone named (either victim or perpetrator) the police would not be able to take it any further'. Mr Dunion concluded there were 'some inadequacies in the handling of this complaint'. Read more: The seriousness of the claim 'of potentially criminal behaviour by a councillor, who might be the Deputy Leader, is such that the emails should have been shared by the Council Leader with the Chief Executive and Monitoring Officer,' he said. 'Furthermore, the email alleged that the complainant was contacted whilst in care at the time, having suffered sexual abuse. This was information which should have been provided to the council, to decide whether to conduct its own enquiries. 'The former Council Leader now accepts that he should, at the least, have informed the Monitoring Officer.' In 2023, the then chief executive Andrew Kerr and number of senior staff, received an email from a councillor 'describing information which had been informally disclosed to him' which concerned the sexual harassment of a 'young Ukrainian man by an unnamed Edinburgh Councillor'. This referenced 'unsolicited messages and images being sent through social media which continued even after asking for the behaviour to stop' and the recipient was said to be feeling 'extremely harassed,' the report states. After Kerr was made aware that it related to Councillor Day he raised the matter with the police, 'as did subsequently the councillor who had raised the concern'. Dunion concluded the complaint 'was properly considered and investigated in line with the council's policies and procedures'. The council also received two whistleblowing disclosures through the Safecall hotline at the end of 2023. The first, on November 5, 'described behaviour of which they had been made aware, with the prospect that those allegedly directly affected would subsequently provide evidence'. However this was never received. The second, on 18 December, was from an individual claiming to be the subject of the complained about behaviour, but they 'did not provide evidence to substantiate the allegations'. Both cases were eventually closed with no action taken. Mr Dunion said: 'Based on this it was appropriate for the council to close the cases – i.e. to take no further action, unless more information was forthcoming. 'These complaints were well-handled and properly considered in line with the council's policies. 'It should be noted that, as the complaints were about a councillor, this meant that the role of Safecall was to gather information which might result in a referral to the [Ethical Standards Commissioner] for investigation.' What emails went missing and why? The email from the 2018 complainant could not be found when another councillor, who had a concern about safeguarding of children, requested to see them in 2019. On searching, the messages 'could not be found in the mailboxes accessible to the business manager. Yet their loss was not reported to anyone at the time,' the report said. 'It was only in December 2024 when the Council was forwarded a copy of the 2018 email, from an external source.' Mr Dunion said this came as an 'unexpected consequences of the emails being retained solely in the recipient's mailbox'. The council commissioned a 'major IT consultancy to carry out a search of the council's email server,' but 'nothing was found in the former Council Leader's mailbox. His former Business Manager's mailbox could not be checked as they had already left the organisation, and it had been removed'. Mr Dunion said there were 'several possible reasons why the Business Manager's messages were missing when they sought them in 2019,' including that during 2017-2019 there was a refresh of devices in the council and a move to Office 365. He said deliberate deletion 'could only be done by someone with knowledge that the emails existed and had access to the computer or mailbox of the Business Manager,' adding: 'I would observe that it appears the Business Manager had not informed anyone else of the emails received by the Council Leader.' What sensitive documents were leaked? Part of the investigation was to determine how sensitive reports detailing the two whistleblowing complaints about Councillor Day made their way into the press. A Story in The Times, published on December 6 last year just days before the Sunday Mail first reported allegations surrounding messages to Ukrainian refugees which led to his resignation, quoted directly from a top secret investigation outcome report considered at the whistleblowing sub-committee. 'There is no doubt therefore that the information has been leaked by someone who has access to that report and has confidently concluded that it concerns Councillor Day,' Mr Dunion said. As part of his enquiries Mr Dunion individually challenged each sub-committee member 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'. He said: '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.' Furthermore, an email sent by the council's chief executive Paul Lawrence to group leaders last year informed them of checks made by council officers on property related to Councillor Day, in response to claims he was acting as an unregistered landlord. The entirety of the email was reported in the Daily Record on December 12. 'I spoke directly to each of the group leaders to ask whether they were responsible for providing it to the newspaper or had disclosed the information to someone else who may have done so,' Dunion said. 'They have all denied doing so, and there is no evidence which would make it appropriate for me to draw a conclusion. Was Councillor Day's alleged misconduct an 'open secret'? A 'commonplace expression' about the alleged behaviour by the former council leader - in particular allegations of approaches made, and images sent or sought - was that 'it is an open secret', and that 'everyone knew,' Dunion wrote in his report. 'However, it is clear from my investigation that is not the case. 'Some people are said to have experienced or known of this alleged behaviour; some were aware of rumours and believed them to be true; some were aware and believed them to be malicious and others were wholly unaware of the alleged behaviour. 'Some regarded the alleged behaviour as being somewhat reckless, but perhaps not surprising, giving rise to salacious, even amused, gossip. It has been suggested that it was common behaviour in the gay community, and to react with disapproval is narrow-minded. 'Others have reacted against this stereotyping of the gay community, saying if unsolicited images are sent and persistent unwanted requests are made this is a form of abuse, no matter the sexuality of those responsible. 'There are other instances which have apparently been reported up the management chain, such as alleged unwanted advances being made to junior staff but being treated as gossip, or concerns about a social relationship with a young member of staff being formed, but a procedural response taken, based around the narrow legal requirement for safeguarding.' Mr Dunion said if there can be said to be a culture within the council in respect of complaints relating to councillors 'it is at times one of 'What is expected to be done about it?' and even more so when it may involve the Council Leader'. 'This may be understandable, even if not sufficient.' Are safeguards sufficient to prevent inappropriate behaviour by councillors? He said if alleged behavior was regarded as relating to an individual's personal life there is 'an obvious reluctance by staff to disapprovingly question the council leader'. 'If material comes into the public domain which is seen as reputationally harmful politically and unbecoming of an office-holder, that may be regarded as matter for the political party, not council officers to address.' Even if there was a possibility the conduct related to their role as a councillor, for a sanction to be imposed it must be proved there was a breach of the Councillors' Code of Conduct through an investigation by the Ethical Standards Commissioner. This requires a formal public hearing to have been held, 'after what may be a lengthy investigation,' Dunion pointed out. 'The complainant would be expected to give a statement under oath and be subject to cross examination by the councillor complained of or their representative. 'Understandably it is not a course of action to be taken lightly.' 'If a councillor is seen as behaving inappropriately, then this might be taken up by senior staff with the Group Leader or Whip. Where, however, the complaint concerns the Council Leader and Group Leader then that is not an option.' Responding directly to the question in the remit of whether the safeguards in the council are sufficient to prevent behaviour such as that alleged in relation to Councillor Day occurring, Mr Dunion said: 'In short, the answer is no. Read more from our Edinburgh correspondent: 'There are none which could have an effect on the alleged communications with the public. There are none that could prevent the alleged personal, or online, communication with members of staff or councillors. 'However a better focus on a safeguarding response to unwanted or inappropriate behaviour, which increases the likelihood of it being made known and potentially challenged, either directly or by action taken to protect the affected individual, may help to prevent it occurring.' Did Councillor Day's position of power contribute to the hindering of reporting? Mr Dunion said it was 'reasonable to conclude that the positions held by Councillor Day had an effect upon complainants, and those made aware of complaints'. 'The complainant in 2018 made it clear that he was a vulnerable 15-year-old in 2010, when the alleged misconduct is said to have occurred. Even in 2018, he said he remained fearful of retaliation if the councillor concerned was made aware he was the complainant. 'In the December 2023 case raised with the chief executive, the Ukrainian individual was said to be concerned that, if he made a complaint, it might result in some response which would affect his visa status. 'There is no doubt there is a significant perceived power imbalance which inhibits complaints being made directly to the council about the alleged unwanted behaviour of the leader.' …And what about the 'alcohol-fuelled parties'? In an appendix to his report, Mr Dunion highlighted concerns about the drinking culture in the City Chambers where councillors sometimes hold parties, such as at Christmas, and informal gatherings after meetings. 'Several councillors and staff interviewed have commented adversely on this prevalent culture of hospitality, which can be taken to excess and have suggested that this practice cease completely,' he wrote. Mr Dunion said 'scarcely any interview' he conducted with councillors did not referenced these parties. 'Concerns raised from these parties result from them involving alcohol and not being formal. 'The behaviour complained of included allegations of public arguments and altercations, concerns about establishing the age of individuals being served alcohol, excessive drinking, drinks being taken into non-bookable rooms, and effects of alcohol on junior members of staff, as well as safeguarding concerns in that respect. 'By all accounts some staff and councillors at these events failed to meet the standards expected. 'A recommendation, arising from the concerns expressed to me, is that the Council considers the appropriateness of such social events and hospitality arrangements.'
The Herald Scotland
2 days ago
- Politics
- The Herald Scotland
Edinburgh Labour U-turns on Cammy Day's council comeback bid
The appointment was due be tabled for approval on Thursday, June 19 — at a meeting where the focus will be on the findings of an investigation into how the authority handled complaints about Councillor Day's alleged misconduct, conducted by Kevin Dunion, a former Scottish Information Commissioner. However, the Labour group's leadership has since u-turned on the move, following opposition from some councillors whose votes would be crucial to passing the amendment, according to sources close to discussions. It's now expected the proposal will be brought forward at the next full council meeting at the end of August at the earliest. Council leader Jane Meagher told The Herald: 'My focus at the moment is on the Dunion report and making sure we take swift action on its recommendations.' Day resigned the council leadership, a position he held since 2022, in December after a newspaper reported he 'bombarded' two Ukrainian refugees with sexual messages - an allegation he strongly denies. More sexual harassment allegations followed in the press from a constituent and a council staff member. Later addressing the claims against him, Day said he messaged men on the dating app Grindr, but denied ever acting inappropriately. In the same interview, he claimed to be the victim of a co-ordinated political plot designed to end his career. After being issued an administrative suspension by Scottish Labour chiefs in response to the allegations he was welcomed back into the party this month. That came after a police investigation concluded there was "no evidence of criminality". And on Monday at an internal meeting of Edinburgh's Labour group - who run the city council as a minority administration with support from the Conservatives and Liberal Democrats - it was agreed Day's promotion to planning convener, a position that comes with a £14,000 pay rise from the standard councillor salary, should be presented for approval in the City Chambers on Thursday. But by Wednesday morning, the plan had been abandoned. It is understood that some councillors expressed concern over appointing Councillor Day to the role at the same meeting where issues related to his alleged misconduct would be debated. Read more: One Edinburgh Labour source said they didn't think there should be 'any way back into a senior position' for the former council leader. A second said they believed Councillor Day should be given a second chance. 'Most people are fair minded and expect people to be given a second chance,' the source said. 'But it's the timing; it should be August at the earliest.' Meanwhile, co-convener of Edinburgh Council's Green group, Chas Booth, said of the plan: 'This would absolutely beggar belief if we weren't so used by now to Labour consistently putting their own interests above those of the city. 'This is a man who has still not apologised for the hurt and upset his behaviour has caused and has shown absolutely no contrition or remorse whatsoever, yet Labour appear set to hand him a plum job. 'What message does Labour think this would send to his alleged victims, or to people with experiences of sexual misconduct more generally? Labour must think again, Cllr Day must apologise for his behaviour, and other political parties must join us in opposing this appointment.' Mr Dunion's 30-page report makes a series of recommendations around the council's complaints procedures and whistleblowing policy with a focus on the safeguarding of victims. He highlighted the council lacks sufficient safeguards to prevent the type of alleged behaviour attributed to Councillor Day. However, the investigator concluded the more recent complaints against him - including those relating to alleged behaviour towards Ukrainian refugees that led to his resignation - were "well-handled and properly considered in line with the council's policies". The inquiry also found there is "no doubt" there is a "significant perceived power imbalance" around the complaints being made to Edinburgh City Council about the "alleged unwanted behaviour" of the former council leader. Mr Dunion stated in the report: "There are [...] instances which have apparently been reported up the management chain, such as alleged unwanted advances being made to junior staff but being treated as gossip, or concerns about a social relationship with a young member of staff being formed, but a procedural response taken, based around the narrow legal requirement for safeguarding." Internal party disagreements over the response to the inquiry spilled onto social media. Giving his reaction, Labour city councillor Stephen Jenkinson wrote on Facebook the investigation "confirms political hatchet job". Commenting on the post, his Labour group colleague Cllr Katrina Faccenda said a 'more serious (and less tinfoil hatted) response would be to encourage people to read the report in full and follow discussion at next week's council'. Former Labour Lord Provost of Edinburgh Lesley Hinds also responded. "The reason the report was commissioned," she wrote, "was because of the Labour Leader of the Council's [alleged] behaviour, as reported in the press. "Rather than having a pop at SNP I think you should read the whole report and treat the allegations and the pattern of behaviour by the former Leader of the Council." Ms Hinds told The Herald: 'Having read the Dunion Report I have been surprised by comments from some Edinburgh Councillors, who appear to be out of touch with the concerns and views from ordinary people and Labour Party members." Councillor Jenkinson was contacted for comment.
The Age
3 days ago
- The Age
Perth boys jailed over series of violent ‘premeditated' attacks on gay men
A group of boys aged between 15 and 17 have jailed over a spate of violent assaults on several different men in September last year. The five teenagers, who cannot be named because of their age, lured the strangers to various locations in Perth's south-west after using a fake profile on gay dating app Grindr. Dressed in black and wearing masks, the boys assaulted five men in separate instances over two days, attacking them with metal poles, a crowbar, pepper spray, a knife, and a Taser, Perth Children's Court was told on Wednesday. The terrified men were also verbally abused by the teens. On one occasion, one was warned, 'Shut your f---ing mouth, or I will stab you'. One man was stripped of his clothes and had a front tooth knocked out before he ran naked into a swamp where he waited in waist-deep water for the group to leave. After climbing out of the water, he passed out before running to a nearby house for help. On another occasion, one of the victims managed to get back to his car and drive away before the group then threw large rocks at his vehicle. Some of the assaults were filmed by one of the 17-year-olds, who texted one of his co-offenders before the boy joined in the assault. The court was told he had 'misguided vigilantism' as he believed without basis he was assaulting paedophiles. The same boy also took a 'trophy photo' with one of the men he had assaulted before turning it into a meme. Many of the photos and videos were distributed on social media platforms.
Sydney Morning Herald
3 days ago
- Sydney Morning Herald
Perth boys jailed over series of violent ‘premeditated' attacks on gay men
A group of boys aged between 15 and 17 have jailed over a spate of violent assaults on several different men in September last year. The five teenagers, who cannot be named because of their age, lured the strangers to various locations in Perth's south-west after using a fake profile on gay dating app Grindr. Dressed in black and wearing masks, the boys assaulted five men in separate instances over two days, attacking them with metal poles, a crowbar, pepper spray, a knife, and a Taser, Perth Children's Court was told on Wednesday. The terrified men were also verbally abused by the teens. On one occasion, one was warned, 'Shut your f---ing mouth, or I will stab you'. One man was stripped of his clothes and had a front tooth knocked out before he ran naked into a swamp where he waited in waist-deep water for the group to leave. After climbing out of the water, he passed out before running to a nearby house for help. On another occasion, one of the victims managed to get back to his car and drive away before the group then threw large rocks at his vehicle. Some of the assaults were filmed by one of the 17-year-olds, who texted one of his co-offenders before the boy joined in the assault. The court was told he had 'misguided vigilantism' as he believed without basis he was assaulting paedophiles. The same boy also took a 'trophy photo' with one of the men he had assaulted before turning it into a meme. Many of the photos and videos were distributed on social media platforms.
ABC News
3 days ago
- ABC News
Horrific bashings of five men at the hands of teenagers 'targeting' gay people detailed in court
Horrific details of brutal assaults inflicted by a group of teenagers on men they lured to secluded suburban areas with the promise of sex have been aired in the Perth Children's Court, including victims being stripped, tasered, filmed and chased into traffic. WARNING: This story contains details some readers may find distressing. Five boys have admitted viciously bashing and robbing men they met in Perth using a fake profile on social media dating app Grindr to arrange meetings at night for sex. But when the men arrived, they were attacked by the teenagers who were armed with a variety of weapons including a knife, machete, a metal bar, pepper spray and a taser. One man was stripped naked, threatened with drowning and chased into a swamp after being punched in the face and tasered, losing teeth in the process, the court heard. Grindr is a dating and meeting online app predominantly used by gay and bisexual men and the trans and queer community. It uses your device's GPS to locate other users nearby and displays their profile pictures in a grid, ordered by their distance from you. Source: eSafety Commissioner His wallet was stolen and the teens tried to force him to confess to being a paedophile on video, but he refused. A knife or machete was held to the victim's throat before he was taunted and chased naked into a nearby swamp. After hiding in reeds he eventually emerged and passed out on the swamp shore before coming to and seeking help. Naked photographs of him were subsequently distributed on social media by one of the boys. In another case, the boys arranged to meet a man in the southern Perth suburb of Hamilton Hill, but when he arrived, he was confronted by up to eight teens wearing ski masks and hoodies, one wielding a kitchen knife. His car windscreen was smashed with boulders and his next memory was of finding himself in a house with an older couple, bleeding from the head and with "blood all over his clothes". In the southern Perth suburb of South Lake, another man was chased by the teens and hit in the back of his head "with something hard", the court was told. The victim ran towards a road and was clipped by a vehicle, before the boys grabbed him and took him to some nearby trees and hit on the head again. The prosecutor said the victim "had no memory of the next half an hour", but a video recording seized showed the man being assaulted as he was lying on his back and trying to speak. A taser was held to the man's genitals, but not discharged. The victim's next memory was being in a service station, without his wallet and phone. A further was assaulted in South Lake after he found himself surrounded by a group of men, with one brandishing a machete. Two of the boys stole his car while the others chased him, pulled to the ground and kicked him all over his body and neck. In another incident, rocks were thrown at a victim's car after he arrived at a South Lake address where he thought he was going to meet with someone. But he was able to lock his doors and stay in the car when he spotted a group of males approaching, who then pelted his car with rocks. The five boys in court on Wednesday were aged 16 and 17 at the time of the crimes, while the victims were aged from their late teens to mid-thirties. Much of the evidence had come from phone recordings. The prosecutor said a member of the public had made a report to police, after seeing a video on a boy's Instagram account, showing a male being tasered on the penis. One of the boy's lawyers, told the court his client had wanted to target paedophiles, describing the motivation as "misguided". Another boy's lawyer said her client was told it was about targeting paedophiles and not homosexual men. But Judge Wendy Hughes said no form of vigilantism could be accepted in the community. She said they'd targeted "gay people who are lawfully going about their business". The five boys are set to be sentenced this afternoon.
