Highland Council failures over new Citizens Advice Bureau building in Nairn slated by the Scottish Public Services Ombudsman
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A DAMNING report by a public authority watchdog has found Highland Council guilty of maladministration with regards to the decision-making process to allocate funding for a controversial building in Nairn.
In the final decision report, which has been seen by the Courier, the Scottish Public Services Ombudsman (SPSO) found that Highland Council failed to "follow correct procedure" when allocating nearly £200,000 from the Scottish Government's Town Centre Fund to the construction of the new CAB building on King Street.
It further states that the council's decision-making process "lacked of transparency" and that there was no public record as to how the decision to recommend the CAB project was reached.
Related: New advice hub in Nairn opens its doors
The decision report follows a series of complaints raised under the Nairn Residents Concern Group (NRCG) and supported by two community councils (Nairn River and Nairn West and Suburban).
A complaint on the same issues was upheld in February 2022 and its publication was reported on the Courier, however that decision was later appealed by the council.
This final decision notice, which will be submitted to parliament and published online, states: "We found that the Council failed to follow appropriate processes when making decisions regarding the allocation of Scottish Government Town Centre Funding in Nairn.
"Specifically, we found that the Council failed to evidence how in Nairn they followed the agreed process that Area Committees become involved in identifying and recommending projects. There was no public record as to how the decision to recommend the CAB project was reached. There was no evidence as to how this project was assessed as meeting the eligibility criteria. Taking all of the above into consideration, we upheld the complaint.
"Had the Council been following their own process, as agreed by the EDI Committee in May 2019, a pro forma would have been completed setting out details of the project, how it met the eligibility criteria, and its anticipated costs."
According to the document, a local newspaper featured a front page article for a new CAB office with 12 flats in the town centre in November 2019. This was the first public mention of the project said the complainants.
NRCG lodged the complaint highlighting that their rights to engagement and participation in local decision making were being denied.
A spokesperson for the group said: "The SPSO's judgements are clear and damning. It concludes that Highland Council's conduct "amounts to maladministration".
"We thought that the SPSO did an absolutely wonderful job not being deflected by the comments made by Highland Council who, even at this eleventh hour, are trying to muddy the waters by saying their own minute is open to interpretation.
"It was even more regrettable that, presented with the outcome of the investigation a year ago, the final judgement has been delayed a further year by the Highland Council's efforts to challenge it. In a letter signed by Ms Kate Lackie, then the senior official responsible for Performance and Governance, the Council attempted to excuse, defend, and justify their conduct, and to assert that those involved had acted correctly.
"It is also a matter of very serious concern that the poor practice and culture of secrecy and impunity highlighted by the SPSO investigation persists. Despite written assertions by the ECO that the closed Ward Business Meetings are not decision-making bodies and have no delegated authority under the Scheme of Delegation, the local Area Committee Chair, Cllr Michael Green, is on record as stating at a meeting within the past month that "...all the decisions are made at the ward business meetings..." and that "... the Nairnshire Committee is only a rubber-stamping forum and nothing more..."
Highland Council now has until March, 14 2023 to issue an apology to the complainant and to provide evidence that the findings of this investigation have been fed back to the individuals involved, "in a supportive manner, for reflection and learning."
In reply to the complaint, Highland Council said that members of the Environment, Development and Infrastructure (EDI) Committee approved at a meeting in May 2019 the TCF indicative area allocations and proposed governance arrangements including the creation of a dedicated sub-group, and that they were not operating a challenge fund, with decisions on the use of the fund resting with the Council.
Highland Council have been contacted for reply. The decision notice will be sent to parliament for scrutiny.
Alastair Noble, chair of Nairn West & Suburban Community Council (who supported the complaint) said: "We're very happy with it and think this is the right way forward, for Highland Council to start doing things openly and honestly in Nairn.
"That is all about democracy and delegated powers and community empowerment.
"We are very happy with the report and we want to see some implementation carried out so that we can have some proper meetings in Nairn with proper disc with the community and stop all those meetings behind closed doors, because it has been a disaster.
"We want to work with our councillors and do things properly n te future. The best opinion and knowledge lies with the local community, they know what needs to be prioritised."
A Highland Council spokesperson said: “The Council notes the final decision from the Ombudsman regarding a complaint regarding the administration of the Town Centre Fund for Nairn and will fulfil the recommendations which have been made.”
