Different Hats

14th May 2025

The boards of public bodies in Scotland often comprise of individuals who are appointed, elected or nominated in different ways. For example, college sector boards include members who are elected or nominated by virtue of them being a member of staff, a student or a member of a trade union. Health and Social Care Integration Joint Boards include representatives from councils, NHS boards, the voluntary sector, as well as GPs and service users.

In addition, board members can also be service users of their public body. For example, health board members may live locally and benefit from services provided by their health board.  

Public bodies are comprised of individuals with different backgrounds, knowledge and experiences in order to ensure diversity of thought and to ensure that input from, and the perspectives of, all key stakeholders are considered in any decision-making.

Board members should ensure that they understand, respect and take account of differences in each other’s backgrounds, knowledge and experiences, so these do not become a barrier to progress and to the effectiveness of the board itself.

Being a service user or member of another organisation can bring real benefits to the public body, in terms of an individual being able to use and share their skills, knowledge and experience. For example, a member’s experience as a service user may give them valuable insight into the issues affecting users of the public body’s services. Similarly, a member’s experience on another public body may give them useful knowledge and experience of the public sector budget-setting process.

Being a member of another organisation can also, however, give rise to potential conflicts of interest and issues around confidentiality and collective responsibility.

Members may also have personal interests which can cause conflicts, particularly if they (or their friends or family members) also use the public body’s services.

It is essential, therefore, that board members are clear about their responsibilities and the capacity in which they are acting.

When acting as a member of the public body’s board (or when they could reasonably be perceived to be acting as such) members are required to act in the best interests of that body, as opposed to the interests of any specific constituency from which they have been appointed, nominated or elected. Such members need to be aware of their obligations to the board and reconcile these with their obligations to their constituency. While such members can raise matters from the perspective of their constituency, they should not promote the interests of, or lobby on behalf of, the constituency when sitting or acting as a member of the board. 

The Model Code of Conduct for Members of Devolved Public Bodies also notes that members must not use, or attempt to use, their position or influence as a board member to:

• improperly confer on or secure for themselves, or others, an advantage;
• avoid a disadvantage for themselves, or create a disadvantage for others or
• improperly seek preferential treatment or access for themselves or others.

The Model Code also states that members must avoid any action that could lead members of the public to believe that preferential treatment or access is being sought.

A failure to comply with these provisions and to avoid any perception that they are using their position to gain personal benefit can erode public confidence in board members and the public bodies they represent.

Even if a member does not intend to seek preferential treatment, a failure to take steps to distinguish between their position as a service user and their role as a board member can cause confusion and mistrust.

It is essential, therefore, that members are not only clear about whether they are acting as a board member or a service user, but also that they make this evident in any dealings with their colleagues, the public body’s employees, stakeholders and members of the public.