Have any of you recieved any complaints of Malfeasnce
Dear Scottish Water Business Stream Limited,
Can you advise if you have recieved any complaints of Malfeasance in respect of your employees or your company officers .
The number of complaints
The status of the complaint
Yours faithfully,
Mathieson
Thank you for your request dated 28th August 2019.
The Freedom of Information (Scotland) Act 2002 (FOISA) gives everyone the right to ask Scottish public authorities for the information they hold. An information request must contain the full name of the person making the request. This means that requests cannot be made anonymously and pseudonyms (fake names) cannot be used.
Section 8 of FOISA sets out what a request must include to be valid. If a request is invalid, the public authority is under no obligation to comply with the request. The Scottish Information Commissioner has no power to carry out an investigation into invalid requests or to order the authority to disclose information. Furthermore, Section 8(1)(b) makes it clear that the request must state the name of the applicant to be valid.
If you would like to proceed with this request, I would be grateful if you can provide your full name. Once I receive this I will be able to respond to the request. You can either continue to use the WhatDoTheyKnow website or email me directly [email address] or write to Trevor Nelson, Business Stream, 7 Lochside View, Edinburgh EH12 5BX.
More information on making a request under FOISA can be viewed at www.itspublicknowledge.info/YourRights/H... or the WhatDoTheyKnow website has some useful guidance.
Yours sincerely
Trevor Nelson
Regulation and Compliance Manager
Business Stream
Dear FOI,
Afternoon Trevor
As per your request for my name
Mr Colin Mathieson please address replies accordingly
Yours sincerely,
Mr C Mathieson
Dear Mr Mathieson
Thank you for your request of 28th August 2019, requesting information under Freedom of Information (Scotland) Act 2002 (FOISA). You have requested information regarding complaints of Malfeasance.
While we don’t record the nature of complaints to such a granular level and no timescale was provided, I have undertaken a word search over all complaint records on our case management system which has been operating for over five years and can confirm that we have only had one overarching complaint where the term has been used. I have used the word “overarching” as it relates to the same property but is comprised of multiple correspondence.
The overarching complaint has exhausted our complaint process and a final response letter has been issued stating our decision.
I trust that this information will be satisfactory to answer your enquiries. For information provided under FOISA you can appeal if you are dissatisfied with the outcome. You must appeal within the period of 40 working days commencing on 5 September 2019. On receiving your request for a review of this response, we will conduct an internal review which will be undertaken by an independent team whose members were not involved in responding to the initial request. Business Stream is required to complete internal reviews within 20 working days. Please address any such appeal to the Director of Regulation and Strategy in writing or by email. If you are emailing can you please use the email address [email address]
If your request for information is not resolved to your satisfaction at that stage, you can appeal further to the Scottish Information Commissioner, the independent body which oversees the implementation of FOISA www.itspublicknowledge.info/appeal
Yours sincerely
Trevor Nelson
Regulation and Compliance Manager
Business Stream
Dear FOI,
Thankyou Mr Nelson for confirming your company have recieved complaints of Malfeasance.
I find your reply ambigouus
To make it simple how many of your colleagues have recieved complaints of Malfeasance.
From your data were you abe identify them.
What is the methodolygy that you use to investigate same .
Yours sincerely,
Mr CMathieson
Dear Mr Mathieson
Thank you for email dated 6th September 2019, requiring clarity in respect of your request under information under Freedom of Information (Scotland) Act 2002 (FOISA) dated 28th August 2019.
As stated in my email dated 5th September 2019, Business Stream has only one master complaint where the term Malfeasance has been used. The complaint is related to the same property but has many associated emails and within some of these emails the term Malfeasance has been used. It is not possible to state how many colleagues have received complaints of Malfeasance in the course of dealing with this complaint as some of the emails relate simply to “members of staff” with no specific names or job titles stated.
All complaints are investigated in accordance with our complaints procedure. This can be read on our website www.business-stream.co.uk/get-in-touch/c...
I trust that this information will be satisfactory to answer your enquiries. For information provided under FOISA you can appeal if you are dissatisfied with the outcome. You must appeal within the period of 40 working days commencing on 9th September 2019. On receiving your request for a review of this response, we will conduct an internal review which will be undertaken by an independent team whose members were not involved in responding to the initial request. Business Stream is required to complete internal reviews within 20 working days. Please address any such appeal to the Director of Regulation and Strategy in writing or by email. If you are emailing can you please use the email [Business Stream request email]
If your request for information is not resolved to your satisfaction at that stage, you can appeal further to the Scottish Information Commissioner, the independent body which oversees the implementation of FOISA www.itspublicknowledge.info/appeal
Regards
Trevor Nelson
Regulation and Compliance Manager
Business Stream
Dear FOI,
Mr Nelson cannot undesrstand how you can investigate complaint against unidentified staff member
Do your Staff use Aliases is that how you could not identify them ?
Did you thereofore investigate complaints against pseudonyms's ?
Does Scottish Business Stream Ltd adhere to the code below ?
Civil Service Code
Published: 11 Nov 2010
Directorate:
People Directorate
Part of:
Public sector
Code setting out the standards expected of civil servants.
Published:
11 Nov 2010
Civil Service Code
Civil Service values
1. The statutory basis for the management of the Civil Service is set out in Part 1 of the Constitutional Reform and Governance Act 2010.
2. The Civil Service is an integral and key part of the government of the United Kingdom1. It supports the UK Government and Devolved Administrations of the day in developing and implementing their policies, and in delivering public services. As a civil servant, you are accountable to Scottish Ministers, who in turn are accountable to the Scottish Parliament2.
3. As a civil servant, you are appointed on merit on the basis of fair and open competition and are expected to carry out your role with dedication and a commitment to the Civil Service and its core values: integrity, honesty, objectivity and impartiality. In this Code:
'integrity' is putting the obligations of public service above your own personal interests
'honesty' is being truthful and open
'objectivity' is basing your advice and decisions on rigorous analysis of the evidence
'impartiality' is acting solely according to the merits of the case and serving equally well Governments of different political persuasions
4. These core values support good government and ensure the achievement of the highest possible standards in all that the Civil Service does. This in turn helps the Civil Service to gain and retain the respect of Ministers, Parliament, the public and its customers.
5. This Code3 sets out the standards of behaviour expected of you and other civil servants. These are based on the core values which are set out in legislation. The Scottish Executive's Aim, Vision and Values and individual Agencies' own separate mission and values statements are based on the core values, and include the standards of behaviour expected of you when you deal with your colleagues.
Standards of behaviour
Integrity
6. You must:
fulfil your duties and obligations responsibly
always act in a way that is professional4 and that deserves and retains the confidence of all those with whom you have dealings5
carry out your fiduciary obligations responsibly (that is make sure public money and resources are used properly and efficiently)
deal with the public and their affairs fairly, efficiently, promptly, effectively and sensitively, to the best of your ability
keep accurate official records and handle information as openly as possible within the legal framework
comply with the law and uphold the administration of justice
7. You must not:
misuse your official position, for example by using information acquired in the course of your official duties to further your private interests or those of others
accept gifts or hospitality or receive other benefits from anyone which might reasonably be seen to compromise your personal judgement or integrity
disclose official information without authority. This duty continues to apply after you leave the Civil Service
Honesty
8. You must:
set out the facts and relevant issues truthfully, and correct any errors as soon as possible; and
use resources only for the authorised public purposes for which they are provided.
9. You must not:
deceive or knowingly mislead Ministers, Parliament or others
be influenced by improper pressures from others or the prospect of personal gain
Objectivity
10. You must:
provide information and advice, including advice to Ministers, on the basis of the evidence, and accurately present the options and facts
take decisions on the merits of the case
take due account of expert and professional advice
11. You must not:
ignore inconvenient facts or relevant considerations when providing advice or making decisions; or
frustrate the implementation of policies once decisions are taken by declining to take, or abstaining from, action which flows from those decisions.
Impartiality
12. You must:
carry out your responsibilities in a way that is fair, just and equitable and reflects the Civil Service commitment to equality and diversity
13. You must not:
act in a way that unjustifiably favours or discriminates against particular individuals or interests
Political impartiality
14. You must:
serve the Government, whatever its political composition, to the best of your ability in a way which maintains political impartiality and is in line with the requirements of this Code, no matter what your own political beliefs are
act in a way which deserves and retains the confidence of Ministers, while at the same time ensuring that you will be able to establish the same relationship with those whom you may be required to serve in some future Government
comply with any restrictions that have been laid down on your political activities
15. You must not:
act in a way that is determined by party political considerations, or use official resources for party political purposes
allow your personal political views to determine any advice you give or your actions
Rights and responsibilities
16. The Scottish Executive and its Agencies have a duty to make you aware of this Code and its values. If you believe that you are being required to act in a way which conflicts with this Code, the Scottish Executive, or the Agency in which you work, must consider your concern, and make sure that you are not penalised for raising it.
17. If you have a concern, you should start by talking to your line manager or someone else in your line management chain. If for any reason you would find this difficult, you should raise the matter with a nominated officer who has been appointed to advise staff on the Code.
18. If you become aware of actions by others which you believe conflict with this Code you should report this to your line manager or someone else in your line management chain; alternatively you may wish to seek advice from your nominated officer. You should report evidence of criminal or unlawful activity to the police or other appropriate regulatory authorities. This Code does not cover HR management issues.
19. If you have raised a matter covered in paragraphs 16 to 18, in accordance with the relevant procedures6, and do not receive what you consider to be a reasonable response, you may report the matter to the Civil Service Commission7. The Commission will also consider taking a complaint direct. Its address is: 3rd Floor, 35 Great Smith Street, London SW1P 3BQ. Tel: 020 7276 2613. Email: [email address]
If the matter cannot be resolved using the procedures set out above, and you feel you cannot carry out the instructions you have been given, you will have to resign from the Civil Service.
20. This Code is part of the contractual relationship between you and your employer. It sets out the high standards of behaviour expected of you which follow from your position in public and national life as a civil servant. You can take pride in living up to these values.
November 2010
Footnotes
1. This Code applies to all civil servants working for the Scottish Executive and its Agencies. Other civil servants have their own separate versions of the Code. Similar Codes apply to the Northern Ireland Civil Service and the Diplomatic Service.
2. Civil servants advising Ministers should be aware of the constitutional significance of the Scottish Parliament and of the conventions governing the relationship between the Scottish Parliament and the Scottish Executive.
3. The respective responsibilities placed on Scottish Ministers and special advisers in relation to the Civil Service are set out in their Codes of Conduct. Special advisers are also covered by this Civil Service Code except, in recognition of their specific role, the requirements for objectivity and impartiality (paragraphs 10-15).
4. Including taking account of ethical standards governing particular professions.
5. Including a particular recognition of the importance of cooperation and mutual respect between civil servants working for the Scottish Executive and the UK Governments and other devolved administrations, and vice versa.
6. The whistleblowing legislation (the Public Interest Disclosure Act 1998) may also apply in some circumstances. The Directory of Civil Service Guidance and the Civil Service Management Code give more information
7. The Civil Service Commission's Guide to Bringing a Complaint gives more information, available on the Commission's website
View this document
Civil Service Code.pdf
Yours sincerely,
Mr C Mathieson
Dear Mr Mathieson
In your email of 6th September 2019, you have asked "how many of your colleagues have received complaints of Malfeasance". In my response I explained that it is not possible to provide this information. The reason being is that in some of the correspondence received from the complainant, the term Malfeasance was not directed at just one member of staff, instead this term was used to describe a wider and more general staff population, without their names or role profiles mentioned. Therefore, it is not possible to tell you how many of my colleagues in total have received complaints of Malfeasance against them as part of this complaint as it was not always clear who the complainant was referring to. Once again, and for the sake of clarity we have received only one master complaint where this term has been used.
I have provided the information you have requested in both your initial and subsequent request. Can I please ask that if you not satisfied with responses I have provided that you appeal. You must appeal within the period of 40 working days commencing on 11th September 2019. On receiving your request for a review of this response, we will conduct an internal review which will be undertaken by an independent team whose members were not involved in responding to the initial request. Business Stream is required to complete internal reviews within 20 working days. Please address any such appeal to the Director of Regulation and Strategy in writing or by email. If you are emailing can you please use the email [Business Stream request email]. If your request for information is not resolved to your satisfaction at that stage, you can appeal further to the Scottish Information Commissioner, the independent body which oversees the implementation of FOISA www.itspublicknowledge.info/appeal
Additional to the original request in your email dates 9th September 2019, you have requested information regarding the Civil Service Code. I can confirm that Business Stream is not part of the Civil Service and its employees are not Civil Servants. Therefore, Business Stream has no requirement to adhere to the Civil Service Code and does not do so.
For your new request, I trust that this information will be satisfactory to answer your enquiries. For information provided under FOISA you can appeal if you are dissatisfied with the outcome. You must appeal within the period of 40 working days commencing on 9th September 2019. On receiving your request for a review of this response, we will conduct an internal review which will be undertaken by an independent team whose members were not involved in responding to the initial request. Business Stream is required to complete internal reviews within 20 working days. Please address any such appeal to the Director of Regulation and Strategy in writing or by email. If you are emailing can you please use the email [Business Stream request email]
If your request for information is not resolved to your satisfaction at that stage, you can appeal further to the Scottish Information Commissioner, the independent body which oversees the implementation of FOISA www.itspublicknowledge.info/appeal
Regards
Trevor Nelson
Dear FOI,
Thankyou for your letter Mr Nelson .
Your Colleagues at Scottish Water whom are the shareholders in Scottish water holdings Ltd a Scottish Goverment trading vehiclle advise that you are covered by Scottish Goverment employees code of conduct which is the exact same as the Civil Service code .
Have Scottish Water Got it wrong ?
Have Scottish Goverment Got it wrong ?
Are you stating that you are in essence a pirate flying under Scottish Goverment Flag of convienence are without regulation or reserve ?
Please be transparent
Yours Sincerely
C Mathieson
Dear FOI,
At present Scottish Water Business Stream Ltd are unable to provide actual information requested.
Perhaps they will reconsider .
Yours sincerely,
Mr CMathieson
Dear Mr Mathieson
Thank you for your communication, dated 10 September. It wasn’t clear if
this was a new request for information so I have treated it as such. My
interpretation of your request is the governance arrangements of Scottish
Water Business Stream Limited (Business Stream).
Business Stream is a 100% owned company of Scottish Water. It was created
as a requirement of the Water Services etc. (Scotland) Act 2005. As a
condition of its licences, Business Stream has to be a separate company
from Scottish Water and you can read more about the governance
arrangements here
[1]www.watercommission.co.uk/UserFiles/Documents/080111%20Governance%20Code.pdf
To ensure complete separation from our parent company, you will see in the
document mentioned above that that Business Stream is owned by a holdings
company called Scottish Water Business Stream Holdings Limited.
Questions about Scottish Water and/or the Scottish Government should be
directed to those organisations as I do not hold the information you are
looking for. This is because of the Governance arrangements in place.
You can read how to make a request to Scottish Water at
[2]www.scottishwater.co.uk/en/Help-and-Resources/Freedom-of-Information
You can read how to make a request to the Scottish Government at
[3]www.gov.scot/about/contact-information/how-to-request-information
I trust that this information will be satisfactory to answer your
enquiries. For information provided under FOISA you can appeal if you are
dissatisfied with the outcome. You must appeal within the period of 40
working days commencing on 23^rd September 2019. On receiving your request
for a review of this response, we will conduct an internal review which
will be undertaken by an independent team whose members were not involved
in responding to the initial request. Business Stream is required to
complete internal reviews within 20 working days. Please address any such
appeal to the Director of Regulation and Strategy in writing or by email.
If you are emailing can you please use the email [Business Stream request
email]
If your request for information is not resolved to your satisfaction at
that stage, you can appeal further to the Scottish Information
Commissioner, the independent body which oversees the implementation of
FOISA [4]www.itspublicknowledge.info/appeal
Regards
Trevor Nelson
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