Making a formal complaint about a minister’s or former minister’s behaviour: procedure

Definitions

For the purposes of this procedure and associated guidance, the following terms will be used to describe the parties involved:

Complainer

The person(s) making a complaint. The complaint might come from the person who experienced the behaviour, someone who witnessed it or a trade union representative supporting a member of staff.

Subject of complaint or the subject(s) of the complaint

This will be the Minister or former Minister who is alleged to have behaved inappropriately during their term of office, but may include others, for example civil servants.

Witness

Anyone who witnessed the alleged inappropriate behaviour,  who can provide corroborating evidence to support either the complainer’s or subjects of complaint’s account of events or who has other information relevant to the complaint.

Decision maker

The external person(s) appointed by the Scottish Government to consider the complaint and decide on appropriate action.

Investigator

The external person(s) appointed by the Scottish Government to  undertake an impartial collection of facts and evidence and produce a report.

SG nominated contact

The person(s) in Scottish Government responsible for appointing the external decision maker and investigator, retaining a record of the complaint, and taking forward any further actions as appropriate.

Support contact

The person(s) in Scottish Government responsible for provision of relevant pastoral support.

Trade Union representative

If parties are a member of a trade union, they may wish to discuss with their representative who can offer appropriate advice and support.

Appeal decision maker

The external person(s) appointed by the Scottish Government to consider an appeal.