Post holders on secondment within the Health and Social Care Directorates: FOI release

Information requested

1. Details of all post holders who were in post within Scottish Government’s health and social care directorates on either secondment or SLA between the dates of October 2015 until October 2023 who were recruited into that secondment from either an NHS or local authority (Social Care post).

2. How many of these post holders were paid at a rate of pay higher than they would have received, had they been recruited and placed on the civil service rate of pay for the post they were seconded into.

3. Why the Scottish Government have recruited staff and paid them higher than the civil service rate of pay for their job.

4. If any of those on secondment were subsequently regraded or had their salary adjusted or uplifted, out with the annual NHS or LA pay uplift, during their secondment/SLA.

5. If any of those staff were offered permanent employment by the Scottish Government during, or at the end of, their secondment, and if so, was this at the rate of pay they were paid on secondment or  adjusted back to the civil service rate of pay.

6. If any of these staff were subsequently offered permanent employment with the Scottish Government without the permanent post being advertised open to others to apply.

7. The length of time these individuals were in post either on secondment or on an SLA.

Response

1. According to Scottish Government HR systems, there were 399 individuals on secondment/SLA between October 2015 and October 2023. The Scottish Government does not hold data for the individuals’ home board or organisation.

Where there is no single post holder and a number of advisors providing occasional ad-hoc advice cover, no HR data is held and therefore is not reflected in the overall figure of 399. While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The reason for this is that to locate and retrieve that information we would need to conduct a search of all of the records of the Scottish Government. It may help if I explain that we file our information according to the subject matter, not by reference to post holders. Under Section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12. 

2. Service level agreements (SLA) are a contract for services not readily available within the Scottish Government and therefore not comparable with Scottish Government pay, terms and conditions. An individual providing the service does so as part of a procurement arrangement between the Scottish Government and an NHS Board. The service provided is therefore paid under NHS terms and conditions. Secondments are an exception to the Civil Service Recruitment Principles, allowing Scottish Government to access expertise for a set period of time. Secondees remain on their employer's grade, pay, terms and conditions, over which Scottish Government has no influence and therefore we do not hold data that compares pay rates with Scottish Government pay ranges.

3. Service level agreements (SLA) are a contract for services not readily available within the Scottish Government and therefore not comparable with Scottish Government pay, terms and conditions. Secondees remain on their employer's grade, pay, terms and conditions, over which Scottish Government has no influence and therefore we do not hold data that compares pay rates with Scottish Government pay ranges.

4. Secondees remain on their employer's pay, terms, and conditions, and the employer retains responsibility for assessing the grading of the post of their employees. The Scottish Government does not hold this data as it is not the employer.

5. The Scottish Government is bound by the Civil Service Commission Recruitment Principles, and recruitment must be on merit and on the basis of fair and open competition with limited exceptions for entry level roles. There is no facility for a secondee to move into a civil service post without the role being openly advertised outside of this process. Any successful candidate recruited to a Scottish Government post is employed under civil service terms and conditions, including remuneration. Scottish Government HR systems cannot therefore identify whether any directly employed staff were previously employed under SLA or secondment.

6. The Scottish Government is bound by the Civil Service Commission Recruitment Principles, and recruitment must be on merit and on the basis of fair and open competition with limited exceptions for entry level roles. There is no facility for a secondee to move into a civil service post without the role being openly advertised outside of this process.

7. The following Table shows the length of time post holders were in post as at October 2023. 

	0-1yr	1-3yrs	3-5yrs	5+yrs	All
Secondee/SLA	84	187	60	68	399

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