Decision

Correspondence from ACOBA to the Cabinet Office in respect of Mr Fisher's application

Updated 30 May 2022

I am writing to you with reference to Mr Fisher’s application for advice on a role with Greater Manchester Integrated Care Board, NHS in Greater Manchester, under the government’s Business Appointment Rules (the Rules).

This appointment was announced by both the Greater Manchester Integrated Care Service and by Mr Fisher on his LinkedIn profile in March 2022. Mr Fisher did not make an application until after this; ACOBA received the application from the Cabinet Office for advice on 13 April 2022.

The Rules state that new appointments / employment must not be announced, or taken up, before advice is provided. Mr Fisher’s explanation (annexed below) is that he checked with the recruitment consultant involved in the application to Greater Manchester Integrated Care Board, and was advised an application to ACOBA was not required. Mr Fisher said his mistake was not independently verifying this and he mistakenly believed the Rules did not apply to roles within the wider public sector. On that basis he signed a contract and the role was announced. Mr Fisher apologised to ACOBA for this oversight.

Failure to seek and await advice in this case was a breach of the government’s Rules and the requirements set out in the Civil Service Management Code. Applicants have a personal responsibility to understand and comply with the Civil Service Management Code and manage the propriety of appointments taken up after leaving government service. The Committee^{[footnote 1]} will therefore not provide advice on this appointment.

In line with the Committee’s policy of transparency, correspondence on this matter will be published on our website; and this letter will be copied to the Cabinet Office, as the owner of the Rules.

1. Annex - Statement from Mr Fisher

‘It has come to my attention that I have made a mistake in reference to the applicability of ACOBA processes to my new appointment. I am currently a Director General in the Cabinet Office, on a permanent Civil Service contract, acting as Secretary to the Grenfell Tower Inquiry. From 1 July 2022 I am taking up a new permanent appointment within the public sector as Chief Executive of the Greater Manchester Integrated Care Board (responsible for the performance of the NHS within Greater Manchester, accountable to the Chief Executive of NHS England, and part of the core NHS structure). I will have no other paid employment, although will continue as Chairman of the Civil Service Sports Council.

On being offered this new role, I checked with the recruitment consultant whether ACOBA rules applied and was advised that they did not. My mistake was not independently to verify this, believing mistakenly that ACOBA processes did not apply to transfers between parts of the public sector. On that basis the appointment was confirmed publicly and I have signed a contract. I can only apologise to members of the Committee for this oversight.’

1. This application for advice was considered by Jonathan Baume; Andrew Cumptsy; Isabel Doverty; Sarah de Gay; Dr Susan Liautaud; Richard Thomas and Mike Weir. Larry Whitty was unavailable. The Rt Hon Lord Pickles was recused. ↩