ETI-21 Response Accepted AI-assessed

Duty of Officials to Councillors

Recommendation

Local authority officials should be mindful at all times of the distinction in roles between them and councillors, who are solely responsible for strategic decisions, and of their duty to provide accurate reports to councillors to enable them to take informed decisions based upon the reality of the situation. Such reports should not be misleading either by the inclusion of false statements or by the omission of relevant facts. Where officials prepare and submit reports based upon reports to them from an ALEO acting as the procurement and delivery vehicle, they should not assume the accuracy of these reports based upon the adoption of a 'one family' approach involving the local authority and the ALEO.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
The City of Edinburgh Council accepted this recommendation on 2023-11-16, highlighting its existing Member/Officer Protocol which distinguishes roles between officials and councillors (Chief Executive's report to Transport and Environment Committee, 16 November 2023). Training on this Protocol is being delivered to senior officers across the Council (Chief Executive's report to Transport and Environment Committee, 16 November 2023).
How was this assessed?
Assessed by gemini-2.5-flash on 24 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, www.gov.scot, www.legislation.gov.uk, hansard.parliament.uk
This recommendation asks for cultural or behavioural change, which is difficult to verify objectively. The assessment is based on policy commitments, not measured outcomes.
Jurisdiction
Scotland
Response
Accepted
Under Consideration City of Edinburgh Council Initial Response
02 Nov 2023

Council Leader Cammy Day stated: 'We know that serious mistakes were made in the construction of the original tram line.' The Council broadly agrees with Lord Hardie's recommendations but notes improvements were already implemented for the successful Trams to Newhaven project. The Council has not published a formal detailed response to individual recommendations. Source: Council news release, 2 November 2023.

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Accepted City of Edinburgh Council Follow-up
16 Nov 2023

Recommendation 21 highlights the need for local authority officials to be mindful of the distinction in roles between them and councillors. This is an important element of the Council's governance, and the Member/Officer Protocol highlights the distinction of roles between officers and councillors. Currently training is being delivered to senior officers initially across the Council on the Protocol and this is covered extensively in the training. Recommendation 21 also recommends that officers do not assume the accuracy of ALEO reports based upon the adoption of a 'one family' approach. The 2016 ALEO report sought to build greater controls to ensure more independent advice from Council officers through the use of Council observers and reporting arrangements. As part of the ALEO framework workstream this will be reviewed and strengthened further. It is recommended that the Council adopt recommendations 20 and 21. Source: Chief Executive's report to Transport and Environment Committee, 16 November 2023. Note: City of Edinburgh Council statuses are drawn from the Chief Executive's report to the Transport and Environment Committee (16 November 2023), referred to the full Council on 14 December 2023. This report appears to have been formally adopted but independent confirmation has not been obtained.

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Progress Timeline
Official Report
02 Nov 2023

Initial status based on Scottish Government and City of Edinburgh Council responses to the Edinburgh Tram Inquiry Report (September 2023).

Source
Report Edinburgh Tram Inquiry Report 01 Aug 2023
Responsible Bodies
City of Edinburgh Council Primary
Recommendation age 2.6 yrs
Last formal update 859 days ago