EXCLUSIVE: Revelations from £50k bullying probe at KGS

Details of a major investigation into bullying at Kirkwall Grammar School have been shared with The Orcadian.

Orkney Islands Council (OIC) paid a law firm over £50,000 to carry the probe into complaints, which span as far back as 2021.

The investigation, centring on the treatment of one pupil, exposed problems with how the school and the wider education department responded to bullying.

As a result of the probe by Brodies LLP:

• 24 complaints were not upheld.
• 12 were partially upheld.
• Ten were upheld.

It has also emerged that there was some concern from the council that it could have been at risk of legal action over handling of the bullying claims.

Brodies completed their investigation in 2024, but their 168-page report into the allegations remains secret.

However, internal emails obtained by The Orcadian reveal new information about the complicated case.

Emails revealed after FOI request

The correspondence has only been made public after the family at the centre of the row appealed to the Scottish Information Commissioner.

The Freedom of Information (FOI) watchdog ordered OIC to disclosure the emails between the authority and Brodies.

Following a request from The Orcadian, the correspondence has also been provided to the newspaper.

Many of the emails are between OIC’s top solicitor and head of governance, Gavin Mitchell, and the law firm.

The allegations centre on how the reports of a pupil being bullied were responded to by KGS. The emails suggest the claims could go as far back as December, 2021.

A complicated series of complaints was made by the parents of the boy who was said to be the victim of the harassment at school.

The newly disclosed emails revealed that one complaint focused on how the then KGS head-teacher dealt with the issue.

An independent consultant was taken in to look into the claims about the teacher.

However, this failed to satisfy the parents, and in July, 2023, OIC asked Brodies LLP to investigate the couple’s many grievances.

It was a year later, in July, 2024, before the law firm finalised the report on its investigation.

Investigation costs increase

From the start, the cost of the inquiry looked high, due to the scope of the probe and the number of people needing to be interviewed.

The original quote of £30,000 was thought to be the “upper end” estimate of how much the process would cost OIC.

But, with further complaints added to the investigation, the final cost came in at £55,481.

In one email, OIC’s then legal services manager Sheila Tulloch outlined the benefits to carrying out a thorough inquiry.

She said that Brodies had highlighted the risk to the council of an individual taking up a lot of staff time and money.

Ms Tulloch, who no longer works at the local authority, added: “They mentioned another local authority which spent an estimated £1.2m in staff time on a single complainer, based on time spent answering FOls, investigating complaints, etc.

“Again, it comes back to the point that an investment at this stage could help mitigate against further costs down the line.

“Bringing everything together in a comprehensive investigation lessens the risk of [redacted] becoming a serial complainer.”

Further complaint mooted

However, over two years after it was completed, it seems the costly Brodies’ investigation might not be the end of the saga.

Last year, the father of the bullied pupil appealed to the Scottish Information Commissioner, in his bid to obtain the internal emails quoted above.

The commissioner’s decision notice, ordering disclosure of some of the files, was published in July.

The notice says that the father sought the internal emails as he was considering making a complaint to the Scottish Public Services Ombudsman.

The FOl watchdog’s report also reveals that correspondence from OIC’s in-house solicitor “discussed potential litigation” arising from the KGS investigation.

‘Improvements were needed’

A spokeswoman for OIC did not explain why the council had any concerns about legal action in this case.

The spokeswoman added: “The report by Brodies related to an independent investigation into a series of complaints about a complex situation at Kirkwall Grammar School.

“As these complaints relate to an individual pupil and members of staff, it would be inappropriate to go into specifics of the complaints or the subsequent investigation.

“However, in more general terms, the investigation found that improvements were needed to the way in which the school and the education authority had been addressing and recording instances of bullying in schools.”

The Brodies’ probe made a number of recommendations, including an update to the council-wide anti-bullying policy.

OIC says the new policy, approved by councillors in June, 2024, addressed many of the points made by the law firm, including with regard to:

• The definition of bullying.
• Staged interventions.
• Escalation.
• Recording of incidents.
• Investigation and monitoring of bullying incidents.
• Identification and recording of bullying behaviour.
• Intervention by school’s staff in respect of bullying behaviours.

A spokeswoman for OIC added that the authority takes all reports of bullying very seriously.

“Anti-bullying measures” are required to be in place at all schools. Any pupils or families experiencing bullying are encouraged to contact the school.

OIC did not comment on the outcome of the complaints concerning the former headteacher of KGS.