The Prime Minister’s adviser on Ministerial Standards Sir Alex Allan has resigned after Boris Johnson ruled that Priti Patel should not lose her job over bullying allegations.
The shock resignation came after Mr Johnson overruled the independent adviser’s finding that Ms Patel breached the requirements of the ministerial code of conduct by shouting and swearing at civil servants in the Home Office.
The report found that the home secretary’s behaviour towards staff on some occasions met the civil service definition of bullying as “intimidating or insulting behaviour that makes an individual feel uncomfortable, frightened, less respected or put down”.
The prime minister said Ms Patel would keep her job and declared the matter “closed”. Contrary to expectations, no formal warning about her warning was issued.
Ms Patel said she was “sorry that my behaviour in the past has upset people”, but insisted it had not been her intention to do so.
The most senior civil servant at the Home Office, permanent secretary Matthew Rycroft said that Sir Alex’s account of the home secretary’s behaviour made “difficult reading” for civil servants, though he said relations with staff had “improved considerably” since the initial complaints.
Labour leader Sir Keir Starmer said Patel should have been sacked and accused Mr Johnson of being “found wanting when his leadership has been tested”. He demanded the publication of Sir Alex’s full report, after Downing Street released only a two-page summary.
“It is hard to imagine another workplace in the UK where this behaviour would be condoned by those at the top,” said Sir Keir. “The government should be setting an example. Instead, it is one rule for Boris Johnson and his friends, another for everyone else.”
The chair of the Committee on Standards in Public Life, former MI5 boss Jonathan Evans, said the episode “raises serious questions about the effectiveness of the current arrangements for investigating and responding to breaches of the Ministerial Code”.
Describing Sir Alex’s resignation as “deeply concerning”, he said the committee would be looking at the case “urgently” as part of a wider review of standards processes.
Civil service unions called for a new independent complaints process, to replace a system in which the prime minister is final arbiter on misbehaviour by his own ministers.
Prospect general secretary Mike Clancy described the PM’s decision as “a kick in the teeth” for bullied workers which revealed he was “either too weak or lacks the appropriate moral fibre to do the right thing”.
And FDA leader Dave Penman said the PM’s “complete absence of political leadership and moral authority” meant no civil servant could now trust complaints against ministers to be dealt with fairly or impartially
In a report completed earlier this year, but suppressed for several months by the prime minister, Sir Alex found that the home secretary “has not consistently met the high standards required by the Ministerial Code of treating her civil servants with consideration and respect.”
He added: “Her approach on occasions has amounted to behaviour that can be described as bullying in terms of the impact felt by individuals. To that extent her behaviour has been in breach of the Ministerial Code, even if unintentionally.”
In a statement, Downing Street said Mr Johnson “noted” Sir Alex’s advice, but added: “As the arbiter of the code, having considered Sir Alex’s advice and weighing up all the factors, the Prime Minister’s judgement is that the Ministerial Code was not breached.”
No 10 said: “The prime minister has full confidence in the home secretary and considers this matter now closed.”
Sir Alex said in a statement: “I recognise that it is for the prime minister to make a judgment on whether actions by a minister amount to a breach of the ministerial code.
“But I feel that it is right that I should now resign from my position as the prime minister’s independent adviser on the code.”
Sir Alex’s investigation found that Ms Patel shouted and swore at civil servants, and that her behaviour towards staff in some instances met the civil service’s definition of bullying.
The PM’s adviser found that Ms Patel had “become – justifiably in many instances – frustrated by the Home Office leadership’s lack of responsiveness and the lack of support she felt in DfID (the Department for International Development) three years ago.
“The evidence is that this has manifested itself in forceful expression, including some occasions of shouting and swearing. This may not be done intentionally to cause upset, but that has been the effect on some individuals.”
He added: “The definition of bullying adopted by the civil service accepts that legitimate, reasonable and constructive criticism of a worker’s performance will not amount to bullying.
“It defines bullying as intimidating or insulting behaviour that makes an individual feel uncomfortable, frightened, less respected or put down. Instances of the behaviour reported to the Cabinet Office would meet such a definition.”
Sir Alex said the civil service “needs to reflect on its role”, stating that the Home Office was “not as flexible as it could have been” in responding to Ms Patel’s instructions.
“She has – legitimately – not always felt supported by the department,” he found. “In addition, no feedback was given to the home secretary of the impact of her behaviour, which meant she was unaware of issues that she could otherwise have addressed.”
He added: “The high pressure and demands of the role, in the Home Office, coupled with the need for more supportive leadership from top of the department has clearly been a contributory factor.”
Downing Street said: “The prime minister notes Sir Alex’s advice that many of the concerns now raised were not raised at the time and that the home secretary was unaware of the impact that she had.
“He is reassured that the home secretary is sorry for inadvertently upsetting those with whom she was working.
“He is also reassured that relationships, practices and culture in the Home Office are much improved.
“As the arbiter of the code, having considered Sir Alex’s advice and weighing up all the factors, the prime minister’s judgement is that the Ministerial Code was not breached.”
Ms Patel said in a statement: “I am sorry that my behaviour in the past has upset people. It has never been my intention to cause upset to anyone.
“I am very grateful for the hard work of thousands of civil servants who help to deliver the government’s agenda.
“I care deeply about delivering on the commitments we have made to the people of this country and I acknowledge that I am direct and have at times got frustrated.
“I would like to thank the prime minister for his support.
“The permanent secretary and I are working closely together to deliver on the vital job the Home Office has to do for the country.”
Shadow home secretary Nick Thomas-Symonds described Ms Patel’s statement as “shameful”.
“The report found that the home secretary’s behaviour amounted to bullying and was in breach of the Ministerial Code,” said Mr Thomas-Symonds. “The home secretary’s position is untenable.”
The investigation into Ms Patel was sparked by the resignation in February of the Home Office’s top civil servant, Sir Philip Rutnam, who launched a constructive dismissal case after complaining of an “orchestrated campaign” of briefing against him.
His successor Mr Rycroft said relationships between officials and ministers at the department had “improved considerably” but admitted the report into the home secretary’s conduct made for “difficult reading”.
Mr Rycroft said: “Sir Alex Allan’s findings make difficult reading, including for the civil service.
“The home secretary and I are committed to working together to improve the Home Office and build the strongest possible partnership between ministers and officials based on support, candour, safety to challenge, mutual respect and professionalism.
“Relationships between ministers and officials have improved considerably.
“Day in, day out, Home Office staff work tirelessly to keep the public safe, cut crime, and improve our immigration and asylum system, and we are determined that they should do so in a supportive environment that respects their wellbeing.”
Daniel Bruce, chief executive of anti-corruption charity Transparency International UK, said: “This is now about more than just one minister. Today’s developments raise serious questions about the vulnerabilities of the system that is supposed to ensure integrity and good governance.
“When those holding public office fall short of the behaviours expected of them there are usually consequences, but never in recent memory has a minister failed to step down after having been found to have breached the Ministerial Code.
“There is now a vacancy for a new adviser on ministerial standards – anyone considering applying will surely need considerable reassurance on the autonomy and independence of the role. “
