Investigation into replacement of top civil servant

Mark Browne had been the top civil servant at the Department of Education for a number of years

An investigation is taking place into the circumstances in which the Department of Education's permanent secretary was replaced in November 2024.

BBC News NI understands the investigation is being undertaken by a senior legal figure from Scotland.

It was commissioned by the head of the Northern Ireland Civil Service Jayne Brady.

A permanent secretary is the most senior non-political official in a government department, effectively the department's chief executive.

Who is Mark Browne?

Mark Browne held the role of permanent secretary for a number of years, including a period when the Stormont Executive had collapsed.

In the absence of a functioning government at Stormont from February 2022 until January 2024, departments were run by senior civil servants.

As permanent secretary for education, Mr Browne had to make a number of difficult decisions on cuts in the absence of a minister.

But in November 2024 Education Minister Paul Givan informed the chairman of the Stormont's Education Committee, Alliance assembly member Nick Mathison, that a temporary permanent secretary was being put in place.

The former head of the Northern Ireland Prison Service, Ronnie Armour, subsequently became the acting permanent secretary at the Department of Education.

Why was Mark Browne replaced?

That is what members of Stormont's Education Committee have been trying to find out.

According to correspondence seen by BBC News NI, the committee had a number of questions about the change at the top.

In a letter to Givan on 10 January 2025, Mathison, as the committee chair, asked "why there is a vacancy".

He said the committee also wanted to know "what difficulties may have arisen, what implications these may have and how they may be resolved".

In his reply to the committee, the minister said moves at permanent secretary level were made by the head of the Civil Service (HOCS), a position currently held by Jayne Brady.

But in a further letter to Givan in February, the committee sought "further clarification on senior staffing issues".

"The committee is concerned about the adequacy of governance checks and balances," Mathison wrote.

"The committee's letter of 10 January asked 'why there is a vacancy'.

"The committee considered that your reply of 21 January did not answer this question, and the committee agreed to ask you the question again."

Nick Mathison chairs Stormont's Education Committee

Givan responded to that letter on 25 March, in which he said he "noted" the concerns of the committee.

He again said that the head of the Civil Service had "moved the permanent secretary".

Members of the Education Committee subsequently wrote to Ms Brady, asking "what were the considerations which underpinned your move of the permanent secretary".

But BBC News NI understands that Ms Brady, as head of the Civil Service, had by that stage appointed a senior Scottish legal figure to investigate the circumstances behind Mr Browne's replacement at the Department of Education.

What has been the response from the Department of Education and Jayne Brady?

When contacted by BBC News NI, a spokesperson for the Northern Ireland Civil Service said: " We do not comment on internal confidential staffing matters."

The Department of Education said it had nothing further to add to the response from the Civil Service.

The FDA union, which represents senior civil servants, told BBC News NI they were not able to comment at this time.

But the MLA who chairs Stormont's Education Committee says they still have questions.

Nick Mathison told BBC News NI "a number of concerns have been raised with me relating to the role of the Permanent Secretary in the Department of Education in recent months".

"It was surprising to see an interim permanent secretary announced with no explanation," he said.

"Seven months on, despite calls for clarity and an explanation from the Education Minister and Head of the Civil Service, we remain in the dark as to why the previous Permanent Secretary is no longer in post or when the position will be filled permanently.

"The role is the second most senior in education in Northern Ireland and the sector is facing multiple critical challenges, including school budgets, Special Educational Needs (SEN) provision and school maintenance.

"It is vital clarity is given, so the public can have trust in the senior leadership structures across the sector."