Exceptions to recruitment on merit – why are they allowed?
Kate Owen, Interim Chief Executive, Civil Service Commission
The Civil Service Commission exists to provide assurance that appointments to the Civil Service are made on merit on the basis of a fair and open competition. In effect, that the best person gets the role.
This has been the basis of recruitment into the Civil Service since the Northcote Trevelyan Report. The Constitutional Reform and Governance Act put this requirement on a statutory footing in 2010. The legislation makes clear that the Commission’s published Recruitment Principles set the framework that departments must follow.
At senior levels, the Commission’s regulatory role is carried out by an independent Commissioner personally chairing the recruitment process from start to finish, while recruitment below SCS2 level is delegated to Departments and audited by the Commission.
Exceptions
Like any major organisation, there are times when the Civil Service urgently or for a fixed term requires particular skills which are not found within it. Take for instance, the recruitment of large numbers of staff for the Covid-19 Test and Trace scheme or the short-term need for lots of statisticians to complete the UK Census once every ten years, or the requirement for AI specialists.
In some cases it makes sense for the Civil Service to bring in these skills by Exception as and when they are required and often for a short period, for example deep financial services knowledge. In other cases an Exception is needed because the Civil Service simply struggles to recruit in this field, for example AI.
When might an ‘Exception’ be granted?
The Commission’s Recruitment Principles allow for specific time-limited ‘Exceptions’ to the legal requirement to recruit on merit on the basis of a fair and open competition. This must either be to meet the needs of the government or to enable the Civil Service to participate in a government employment initiative such as schemes that provide support for veterans or care leavers.
The Commission reports on these Exceptions each year in its Annual Report and Accounts (ARA). The ARA for 2022-23 can be found here. The ARA for 2023-24 will be published and laid in Parliament in October.
In appointing by Exception, Departments must be able to justify why, in any particular appointment, it is not possible to select someone on merit through a fair and open competition and why the specific skills needed cannot be found in the Civil Service.
Which ‘Exceptions’ are within the Commission’s scope?
In most cases departments determine the case for an Exception themselves. The Commission audits Departmental use of exceptions as part of its audit programme.
The Commission’s approval is however required for:
- Any appointment by Exception at Senior Civil Service Pay Band 2 minimum (£97,000) or above at any grade
- Any extension or variation of any fixed-term appointment previously agreed by the Commission at Senior Civil Service Pay Band 2 or above
- The use of an Exception within 12 months of an earlier Exception for the same individual
- Any fixed-term appointment by Exception in excess of two years
In reaching its decision, the Commission will look at the detail of the business case put forward by a department about why a particular role could not be done by existing staff or why the role could not be recruited through fair and open competition. The Commission will respond to the business case in a number of ways:
- Approve; or
- Approve but apply conditions such as shortening the period of time for which the Exception is granted or require enhanced reporting in the case of a bulk exception; or
- Reject the business case
Are appointments by ‘Exception’ subject to the Civil Service Code?
Appointees, whether by exception or through fair and open competition, are civil servants and bound by the Code and the values of impartiality, honesty, objectivity and integrity that underpin it.
In the event that a current civil servant has concerns relating to another civil servant’s conduct under the Code, they can raise this with their department in the first instance and, if concerns persist, bring that complaint to the Commission.
Who is responsible for background checks?
The department – as the employer – is responsible for carrying out background checks on individuals who may be appointed by exception. The department is also responsible for addressing any potential propriety matters.
