CODE OF CONDUCT

FOR
SPECIAL ADVISERS

Cabinet Office
October 2015

CODE OF CONDUCT FOR SPECIAL ADVISERS

This Code applies to special advisers working in the UK Government
1.
Special advisers are a critical part of the team supporting Ministers. They add a
political dimension to the advice and assistance available to Ministers while reinforcing the
political impartiality of the permanent Civil Service by distinguishing the source of political
advice and support.
2.
Special advisers should be fully integrated into the functioning of government. They
are part of the team working closely alongside civil servants to deliver Ministers priorities.
They can also help Ministers on matters where the work of government and the work of the
government party overlap and where it would be inappropriate for permanent civil servants to
become involved. They are appointed to serve the Prime Minister and the Government as a
whole, not just their appointing Minister.
Role
3.
In order to provide effective assistance to Ministers, special advisers should work
closely with the ministerial team and with other civil servants, and establish mutual
relationships of confidence and trust. Among other things, special advisers may:

4.

give assistance on any aspect of departmental business, and give advice (including
expert advice as a specialist in a particular field);
undertake long term policy thinking and contribute to policy planning within the
Department;
write speeches and undertake related research, including adding party political
content to material prepared by permanent civil servants;
liaise with the Party, briefing party representatives and parliamentarians on issues of
government policy;
represent the views of their Minister to the media (including a party viewpoint), where
they have been authorised by the Minister to do so; and
liaise with outside interest groups (including those with a political allegiance).
In working with other civil servants, special advisers can, on behalf of their Minister:

5.

convey to officials Ministers views, instructions and priorities, including on issues of

presentation. In doing so, they must take account of any priorities Ministers have set;
request officials to prepare and provide information and data, including internal
analyses and papers;
hold meetings with officials to discuss the advice being put to Ministers; and
review and comment on but not suppress or supplant advice being prepared for
Ministers by civil servants.
But special advisers must not:

ask civil servants to do anything which is inconsistent with their obligations under the
Civil Service Code or behave in a way which would be inconsistent with standards set
by their employing department;
authorise expenditure of public funds or have responsibility for budgets;

exercise any power in relation to the management of any part of the Civil Service,
except in relation to another special adviser; or
otherwise exercise any statutory or prerogative power.

6.
In order to enable special advisers to work effectively, departments should allocate
civil servants to provide support of a non-political nature. Special advisers are able to give
direction to such civil servants in relation to their day-to-day work for them, and their views
should be sought as an input to performance appraisals on the basis that these are written by
other civil servants. However, special advisers should not be involved in the line
management of civil servants or in matters affecting a civil servants career such as
recruitment, promotion, reward and discipline, or have access to personnel files of civil
servants.
7.
Special advisers are not entitled to have access to sensitive, security or intelligence
reports unless cleared to the appropriate level. Subject to this exception and the one
mentioned above in relation to personnel files, special advisers may, at the discretion of their
appointing Minister, have access to all papers submitted to Ministers, subject to the
convention on access to papers of a previous Administration.
Status and conduct
8.
Special advisers are temporary civil servants appointed in accordance with Part 1 of
the Constitutional Reform and Governance Act 2010. Special advisers are bound by the
standards of integrity and honesty required of all civil servants as set out in the Civil Service
Code. However, they are exempt from the general requirement that civil servants should be
appointed on merit and behave with impartiality and objectivity, or that they need to retain the
confidence of future governments of a different political complexion. They are otherwise
required to conduct themselves in accordance with the Civil Service Code, attached at Annex
A.
9.
As set out in the Constitutional Reform and Governance Act 2010 and in the
Ministerial Code, all appointments of special advisers require the prior written approval of the
Prime Minister, and no commitments to make such appointments should be entered into in
the absence of such approval. Their appointment ends at the end of the Administration
which appointed them or when the appointing Minister leaves the Government or moves to
another appointment. The responsibility for the management and conduct of special
advisers, including discipline, rests with the Minister who made the appointment. It is also the
appointing Ministers responsibility to ensure that their special adviser(s) adhere to this Code
of Conduct. It is, of course, also open to the Prime Minister to terminate employment by
withdrawing his consent to an individual appointment at any time.
10.
Special advisers should act in a way which upholds the political impartiality of other
civil servants. They should not use official resources for party political activity. They are
employed to serve the objectives of the Prime Minister, the Government and the
Minister(s) for whom they work.
11.
Special advisers should not disclose official information which has been
communicated in confidence in government or received in confidence from others. The
preparation or dissemination of inappropriate material or personal attacks has no part to play
in the job of being a special adviser as it has no part to play in the conduct of public life. Any
special adviser found to be disseminating inappropriate material will be subject to a
disciplinary process that may include dismissal.

Contacts with the media

12.
Special advisers, when authorised, are able to represent Ministers views on
government policy to the media with a degree of political commitment that would not be
possible for other civil servants. However, briefing on purely party political matters must be
handled by the Party machine. Special advisers have a duty to work with No 10 to ensure
the proper coordination of announcements, media appearances and other interviews, articles
and interventions made by their Minister.
13.
All contacts with the media should be authorised by the appointing Minister and be
conducted in accordance with the Government Communication Services Propriety Guidance
- Guidance on Government Communications.
14.
Special advisers must not take public part in political controversy, through any form of
statement whether in speeches or letters to the press, or in books, social media, articles or
leaflets. They must observe discretion and express comment with moderation, avoiding
personal attacks, and would not normally speak in public for their Minister or the Department.
Transparency
15.
Special advisers are required to declare details of gifts and hospitality received in
accordance with the rules set out in their departmental staff handbooks. Departments will
publish, on a quarterly basis, information about gifts and hospitality received by their
departmental special advisers and details of special advisers meetings with newspaper and
other media proprietors, editors and senior executives. Information will be published annually
about the number and cost of special advisers.
Involvement in politics in a private capacity: national political activities
16.
Where a special adviser wishes to undertake work for a political party which does
not arise out of government business they may do this either in their own time, outside
office hours, or under a separate contract with the Party, working part-time for the
Government. They may not use annual or unpaid leave for this purpose.
17.
Special advisers are exempt from the Civil Service Code requirement of political
impartiality. Therefore, their involvement in political activity does not need to be restricted in
the same way as it is for other civil servants.
18.

In particular:
i.

with the approval of their Minister and the Prime Minister, a special adviser
may be publicly identified as a candidate or prospective candidate for the
United Kingdom Parliament. Special advisers who become parliamentary
candidates must carry out this new role in their own time, outside office
hours, or work part-time for the Government with their government salary
reduced commensurately. Special advisers may not use annual or unpaid
leave to carry out this role. In addition, a special adviser must also refrain in
government from any involvement in matters concerning his/her prospective
constituency, and they must resign as a special adviser at the start of the
short campaign period ahead of the election. Special advisers who resign in
these circumstances are not entitled to receive a severance payment;

ii.

if a special adviser wishes to take part in an election or by-election

campaign, he/she is able to do so in their own time and out of office hours.
They may not use annual or unpaid leave for this purpose;

iii.

with the agreement of the Prime Minister, special advisers can remain in post
during the General Election campaign period. Those who remain in post to
work on government business must ensure that they do not use official
resources for party political purposes and that any participation in the campaign
is in a special advisers own time and outside office hours. Special advisers
may not use annual or unpaid leave for this purpose; and

iv.

special advisers are able to attend party functions, for example the Party
Conference.

The above provisions also apply in relation to candidature to the devolved Parliaments and
Assemblies, and the European Parliament.
Involvement in politics in a private capacity: local political activities
19.
With the approval of their Minister, special advisers may undertake, or continue to
undertake, all forms of local political activity. They must comply with any conditions laid down
by their Minister or the Prime Minister.
20.
If special advisers take part in local political activities, they must at all times observe
discretion, take care to express comment with moderation and avoid personal attacks. In
particular, if they serve on a local authority they must adhere to the following points:
i.

they should not speak publicly or in the Council, or vote, on matters for which
their Minister has direct responsibility;

ii.

they should not serve on any committee considering such matters;

iii.

they should not take part in deputations or other representations

to Ministers;

iv.

they should declare an interest in relation to any case or application which

comes before the Council in which their Department is involved;

v.

they should observe discretion in relation to policies for which other Ministers
are responsible, in order to avoid causing them embarrassment; and

vi.

they should not disclose to the Council privileged information obtained in the
course of their duties.

Leaving the Civil Service

21.
Special advisers are subject to the Business Appointment Rules for Civil
Servants. Under the Rules, they are required to submit an application to the Head of their
former Department for a new appointment or employment they wish to take up after
leaving the Civil Service. This requirement applies to special advisers of equivalent

standing to the Senior Civil Service for two years after leaving the Civil Service, and to
other special advisers for one year.
22. Applications from special advisers of equivalent standing to Director General and
above are referred to the Advisory Committee on Business Appointments. Decisions on
these applications are taken by the head of the former Department based on the Advisory
Committees advice. The target timescale for completion of this process is 20 working
days. Applications from other special advisers are handled within the relevant former
Department, and the head of the former Department makes the decision on the
application. A special adviser who is unhappy with the decision may appeal to the Lead
Non-Executive Director of their former Department. The full Business Appointment Rules
for Civil Servants are set out in Section 4.3 of the Civil Service Management Code.
23.
Civil servants, including special advisers, must not publish or broadcast personal
memoirs reflecting their experience in Government, or enter into commitments to do so,
while in Crown employment. The permission of the head of their former Department and
the Cabinet Secretary must be sought before publishing, or entering into a contractual
commitment to publish such memoirs after leaving the Civil Service. They must submit
any draft manuscripts for comment to the head of their former Department and the Cabinet
Secretary in good time in advance of publication. Detailed rules are set out in Section 4.2
of the Civil Service Management Code. Separately, they should send a copy of the draft
manuscript to the Prime Ministers Chief of Staff in post at the time of their employment.
24.
Special advisers must continue to observe their duties of confidentiality after they
have left their employment as a special adviser.

October 2015

ANNEX A
THE CIVIL SERVICE CODE
Civil Service values
1. The statutory basis for the management of the Civil Service is set out in Part 1 of
the Constitutional Reform and Governance Act 2010.
2. The Civil Service is an integral and key part of the government of the United
Kingdom.1 It supports the government of the day in developing and implementing
its policies, and in delivering public services. Civil servants are accountable to
ministers2, who in turn are accountable to Parliament.3
3. As a civil servant, you are appointed on merit on the basis of fair and open
competition and are expected to carry out your role with dedication and a
commitment to the Civil Service and its core values: integrity, honesty, objectivity
and impartiality. In this code:

integrity is putting the obligations of public service above your own

personal interests;

honesty is being truthful and open;

objectivity is basing your advice and decisions on rigorous analysis of the
evidence; and

impartiality is acting solely according to the merits of the case and

serving equally well governments of different political persuasions.
4. These core values support good government and ensure the achievement of the
highest possible standards in all that the Civil Service does. This in turn helps the
Civil Service to gain and retain the respect of Ministers, Parliament, the public and
its customers.

Civil servants working for the Scottish and Welsh Governments, and their agencies, have their own versions of the
code. Similar codes apply to the Northern Ireland civil service and the Diplomatic Service. Civil servants working in nonministerial departments in England, Scotland and Wales are covered by this code.
2
Some civil servants are accountable to the office holder in charge of their organisation. This is made clear in terms and
conditions of employment.
3
Civil servants advising ministers should be aware of the constitutional significance of Parliament, and of the conventions
governing the relationship between Parliament and the Government.

5. This code4 sets out the standards of behaviour expected of you and other civil
servants. These are based on the core values which are set out in legislation.
Individual departments may also have their own separate mission and values
statements based on the core values, including the standards of behaviour
expected of you when you deal with your colleagues.
Standards of behaviour
6. Integrity
You must:

fulfil your duties and obligations responsibly;

always act in a way that is professional5 and that deserves and retains the
confidence of all those with whom you have dealings;6

carry out your fiduciary obligations responsibly (that is make sure public
money and other resources are used properly and efficiently);

deal with the public and their affairs fairly, efficiently, promptly, effectively
and sensitively, to the best of your ability;

ensure you have Ministerial authorisation for any contact with the media7;
keep accurate official records and handle information as openly as
possible within the legal framework; and

comply with the law and uphold the administration of justice.

7. You must not:

misuse your official position, for example by using information acquired in

the course of your official duties to further your private interests or those of
others;

The respective responsibilities placed on ministers and special advisers in relation to the civil service are set out in thei r
codes of conduct. Special advisers are also covered by this Civil Service code except, in recognition of their specific role,
the requirements for objectivity and impartiality.
5
Including taking account of ethical standards governing particular professions.
6
Including a particular recognition of the importance of co-operation and mutual respect between civil servants working
for the UK government and the devolved administrations and vice-versa.
7
The whistleblowing legislation (the Public Interest Disclosure Act 1998) may also apply in some circumstances. The
Directory of Civil Service Guidance and the Civil Service Management Code give more information.

 accept gifts or hospitality or receive other benefits from anyone which

might reasonably be seen to compromise your personal judgement or
integrity; or

disclose official information without authority (this duty continues to apply

after you leave the Civil Service).
8. Honesty
You must:

set out the facts and relevant issues truthfully, and correct any errors as
soon as possible; and

use resources only for the authorised public purposes for which they are
provided.
9. You must not:

deceive or knowingly mislead Ministers, Parliament or others; or

be influenced by improper pressures from others or the prospect of
personal gain.
10. Objectivity
You must:

provide information and advice, including advice to ministers, on the basis

of the evidence, and accurately present the options and facts;

take decisions on the merits of the case; and

take due account of expert and professional advice.
11. You must not:

ignore inconvenient facts or relevant considerations when providing advice

or making decisions; or

frustrate the implementation of policies once decisions are taken by

declining to take, or abstaining from, action which flows from those
decisions.

12. Impartiality
You must:

carry out your responsibilities in a way that is fair, just and equitable and
reflects the Civil Service commitment to equality and diversity.
13. You must not:

act in a way that unjustifiably favours or discriminates against particular

individuals or interests.
14. Political Impartiality
You must:

serve the government8, whatever its political persuasion, to the best of

your ability in a way which maintains political impartiality and is in line with
the requirements of this Code, no matter what your own political beliefs
are;

act in a way which deserves and retains the confidence of Ministers, while
at the same time ensuring that you will be able to establish the same
relationship with those whom you may be required to serve in some future
government; and

comply with any restrictions that have been laid down on your political
activities.
15. You must not:

act in a way that is determined by party political considerations, or use

official resources for party political purposes; or

allow your personal political views to determine any advice you give or
your actions.

Some civil servants are accountable to the office holder in charge of their organisation. This is made clear in terms and
conditions of employment.

Rights and responsibilities

16. Your department or agency has a duty to make you aware of this Code and its
values. If you believe that you are being required to act in a way which conflicts
with this Code, your department or agency must consider your concern, and make
sure that you are not penalised for raising it.
17. If you have a concern, you should start by talking to your line manager or someone
else in your line management chain. If for any reason you would find this difficult,
you should raise the matter with your departments nominated officers who have
been appointed to advise staff on the Code.
18. If you become aware of actions by others which you believe conflict with this code
you should report this to your line manager or someone else in your line
management chain; alternatively you may wish to seek advice from your nominated
officer. You should report evidence of criminal or unlawful activity to the police or
other appropriate regulatory authorities.

This Code does not cover HR

management issues.
19. If you have raised a matter covered in paragraphs 16 to 18, in accordance with the
relevant procedures9, and do not receive what you consider to be a reasonable
response, you may report the matter to the Civil Service Commission.10

The

commission will also consider taking a complaint direct. Its address is:
Civil Service Commission
G/8
1 Horse Guards Road
London
SW1A 2HQ
Tel: 0207 271 0831
Email: [email protected]

The whistleblowing legislation (the Public Interest Disclosure Act 1998) may also apply in some circumstances. The
Directory of Civil Service Guidance and the Civil Service management Code give more information.
10
The Civil Service Commissions Guide to bringing a complaint gives more information. It is available on the Civil
Service Commission website.

If the matter cannot be resolved using the procedures set out above, and you feel
you cannot carry out the instructions you have been given, you will have to resign
from the Civil Service.
20. This Code is part of the contractual relationship between you and your employer. It
sets out the high standards of behaviour expected of you which follow from your
position in public and national life as a civil servant. You can take pride in living up
to these values.

March 2015