✅ FOI: Information relating to issues/complaints about the Scheme of Delegation & independence of the Assessor over his statutory duties & legal affairs.
Request to the Highland & Western Isles Valuation Joint Board.
Email from Frank Finlayson, Assessor to the Monitoring Officer.
***Notes:
The above email from Frank Finlayson, forwarded the requestor's complaint made to the Board on 30 October 2025 about irregularities in the Board's Scheme of Reference & Delegation which is copied in below plus an attachment of a combined file of a sample of Schemes of Delegation from other Valuation Joint Boards around Scotland for comparison.
30 October 2025
To: Frank Finlayson, Assessor and Roy Christie, Depute Assessor of the Highland & Western Isles Valuation Joint Board
Dear Sirs,
I wish to raise a formal complaint concerning the structure of delegation and governance within the Highland & Western Isles Valuation Joint Board, specifically in relation to the independence of the Assessor and the allocation of legal authority within the Board’s Scheme of Reference and Delegation.
Having reviewed comparable Schemes of Delegation from other Valuation Joint Boards across Scotland which I have attached for your convenience, it appears that the Highland & Western Isles arrangement is quite unique in that:
- All legal authority and powers are delegated to the Chief Officer of Legal and Corporate Governance, Highland Council, Mr. Stewart Fraser, also, Clerk to the Board; and
- The Assessor holds no direct authority to initiate, defend, or settle legal actions, nor to seek independent legal advice or representation.
- This structure appears to remove from the Assessor any meaningful independence in legal and governance matters, contrary to the principle that Assessors are intended to operate as independent statutory officers, separate from the constituent authorities.
I therefore request that the Board address the following points:
1. Independence of the Assessor
1.1 On what basis does the Board justify the absence of any delegated legal authority to the Assessor within its Scheme of Delegation, when every other Valuation Joint Board in Scotland provides such authority?
1.2 How does the Board consider this consistent with the statutory expectation of the Assessor’s independence?
2. Delegation to the Council’s Legal Officer
2.1 What rationale was used to vest all legal authority in a single individual, the Chief Officer of Legal and Corporate Governance of the Highland Council?
2.2 Was this arrangement ever subject to independent legal or governance review?
2.3 Can the Board provide details of authorship of the Scheme of Delegation?
3. Conflict of Interest Management
3.1 What measures are in place to manage conflicts of interest in disputes where that same legal officer acts on behalf of both the Highland Council and the Valuation Joint Board?
3.2 How does the Board ensure this arrangement allows that officer as a regulated solicitor to maintain compliance with Rule B2.1.3 of the Law Society of Scotland’s Practice Rules concerning conflict of interest in respect of representation of public authorities as there appears to be no authority delegated to the Assessor to instruct independent legal advice or representation?
3.3 Given that the Scheme of Delegation is a binding constitutional instrument which defines the lawful scope of authority for all officers of the Board, I would be grateful if the Board could also clarify the following:
If disputes arise between the Highland Council and the Assessor, where the Chief Officer of Legal and Corporate Governance is conflicted and must step down from acting himself given the Rules of the Law Society of Scotland, what procedure exists within the Board’s governance framework to ensure continuity of lawful decision-making and legal representation?
Would the Board consider it necessary to convene an emergency meeting or pass an emergency resolution to authorise alternative legal arrangements in such circumstances, given that the Assessor has not been delegated any such authority?
4. Governance Oversight
4.1 When was the current Scheme of Delegation last independently reviewed for compliance with public body governance standards under the Local Government (Scotland) Act 1973?
4.2 Does the Board maintain any record of audit or oversight of the legal delegations in question?
In view of the above, it appears that the Board’s present governance structure effectively removes the Assessor’s ability to obtain independent legal advice and exposes both the Board and its officers to significant conflict of interest and maladministration risk. I therefore request that this matter be treated as serious and addressed at Board level, with confirmation of what steps will be taken to restore the Assessor’s legal independence and ensure compliance with professional and statutory obligations.
I would be grateful for a written response within the standard timescale for complaints handling and I reserve the right to refer this matter to the Scottish Public Services Ombudsman should I remain dissatisfied with the outcome.
Thank you for your time and attention to the matters raised in this complaint.
💡Who is the appointed Monitoring Officer for the Highland & Western Isles Valuation Joint Board? 👉 ANSWER.
💡If the Monitoring Officer is not legally qualified, then where do they get their legal advice & expertise to perform their duties? 👉 ANSWER.
💡If the Monitoring Officer needs to rely 100% on legal advice & expertise to perform their duties, who is the actual Monitoring Officer?? 👉 Stewart Fraser.
💡I also sent the complaint to every elected councillor on the Board.
Laurie Fraser, Convenor
Donald Crichton, Vice Convenor
Bill Boyd
Michael Cameron
Tamala Collier
Alex Graham
Jan McEwan
Margaret Paterson
Jim McGillivray
Gordon Murray
💡What did I hear in response??
CRICKETS. 🦗
💡I also copied the complaint to Tim Langley at the Comhairle nan Eilean Síar (Western Isles Council) & what did I hear in response??
CRICKETS. 🦗
2 December 2025
Dear Sirs,
Please provide the following information:
1. All internal and external correspondence from 30 OCT 2025 to the current date 2 DEC 2025 concerning the issues and complaints about the HWIVJB’s Scheme of Reference & Delegation and related issues about the independence of the Assessor over his statutory duties and legal affairs.
Please include all correspondence, memos, notes, reports between the following parties.
- Assessor & Depute Assessor and any other staff of the Assessor or HWIVJB.
- Clerk & Legal Representative/Advisor of HWIVJB.
- Monitoring Officer(s) of HWIVJB.
- Officers and/or staff of Highland Council.
- Officers and/or staff of Western Isles Council.
- The Scottish Assessors’ Association and any of its office holders or relevant associated persons.
- Councillors and HWIVJB Committee Members
- The Law Society of Scotland
- Any other body, VJB or organisation consulted or corresponded with on the matters.
