SCOTLAND’s heritage agency has been accused of breaking the law by failing to act immediately to shut down some of its crumbling historic buildings identified internally as dangerous to the staff and public.

Historic Environment Scotland, which manages significant landmarks that draw millions of tourists each year, had received internal professional advice that an immediate closure of a number of sites was needed so that a hands-on survey could be undertaken.

There were understood to be particular concerns over a series of buildings after checks.

The Prospect union has registered its concerns as a whistleblower account seen by the Herald on Sunday revealed worries that HES was committing a criminal offence by not acting immediately to close a number of sites.

There were concerns that it took weeks for some actions to take place.

Other staff have raised concerns about the depth of progress on any remedial works, due to a shortage of finances.

HES has refuted the allegations insisting it has “always been guided first and foremost by the safety of our staff, visitors and contractors and to ensure they are not put at any risk”.

Concerns surfaced on January 18, the day after senior managers were said to have been warned immediate action had been required.

The internal whistleblower claimed that delays were wanted to discuss matters further with the new chairman. Staff members were concerned that management were more concerned about income and image over ensuring the safety of the public and staff.

A whistleblower account states that managers were warned that they were already breaching the Health and Safety at Work Act and committing a criminal offence for knowing there was a risk to staff and public but not taking action.

The whistleblower said that there was a risk of someone being killed, although low, and no action was being taken.

The Herald: Linlithgow Palace, one of the historical sites that will be protected by the new body

Linlithgow Palace.

A separate internal source echoed allegations that while HES were aware of a large number of sites where conditions were such that high level masonry failure was a real risk and staff wanted them closed until a full structural inspection could be made - the agency “swithered” before acting in a “limited” way.

In April, HES began a nationwide programme of inspections at around 70 of their historic properties, surveying the high areas of the monuments and checking the stonework by hand.

Among the over 60 sites managed by HES that attract millions of visitors that were to undergo inspections which were to be closed or partially closed was Jedburgh Abbey and Linlithgow Palace.

It comes as the agency was at the centre of a “scandal” after providing a £150,000 golden goodbye to one director and a near 20% pay hike to another since Covid.

Donnella Steel, the finance director at HES has been at the centre of a controversy over being allowed to jet off to New Zealand for nine weeks as dozens of tourist attractions remained closed.

Another key HES figure, the director of communications Lisa McGraith who left under a voluntary exit scheme on September 30, last year, received £86,000 in compensation on top of six-months salary of £62,500. Her departure from HES came as a result of a controversial restructure in which her post disappeared.

Sources questioned the leadership of the chief executive Alex Paterson who had overseen the restructure.

Meanwhile it faces cuts to its public funding two years after warning in 2020 of a £53m black hole in its budget.

HES said in May that the new wave of checks was because an initial inspections last year identified a risk from “unstable masonry at high level” linked to deterioration caused by factors including climate change.

HES said last week that the number still either closed or partially closed is at 44.

Richard Hardy, national secretary for Scotland for the Prospect union said: “We support the ongoing actions taken by HES to address the safety issues identified with high level masonry at a number of properties.

“It’s our view that action could have been taken even sooner, as delays created an increased risk to our members and the public. We welcome the full and active engagement that took part with the unions to address the staffing issues created by site closure, and we continue to work constructively with HES on getting sites re-opened as soon as it is safe for staff and the public to do so.”

Four days after the internal concerns, HES introduced new measures to manage the impact of climate change on Scotland's national heritage sites with a programme of "tactile condition surveys "on over 200 properties to assess the extent of deterioration of high-level masonry.

The tactile survey programme was sparked by a high-level inspection at Melrose Abbey in the summer of 2020 which revealed significant decay to the stonework That prompted access restrictions to be placed around the 12th century Abbey, known for its carved gargoyles and stairway inscription “Be halde to ye hende” – “Keep in mind, the end, your salvation".

The programme was the result of ongoing risk assessments and sample surveys.

The heritage body believed the programme was a "proactive step" towards transforming the way the nation’s most precious places are protected, repaired and experienced in the face of accelerating decay from climate change.

It said at the time that it first responded to concerns relating to the risk of failing historic building fabric by making risk assessments in 2019.

In August, produced a video explaining their plans announced in April for a nationwide programme of inspections at around 70 historic properties

It said that post-lockdown, work was restarted and surveys conducted in the spring of last year where HES identified "potentially dangerous fabric" at high level, leading to immediate access restrictions at 20 properties for inspection "to ensure visitors and staff were not exposed to any possible risks".

The agency said that the sample surveys conducted on the properties confirmed to conservation specialists at HES that the type of deterioration being seen could only be assessed properly by "hands-on, tactile surveys" and that the traditional ways of inspecting at high level, such as visual inspection from the ground or by drone, while useful, were not as accurate.

The surveys were to inform a "programme of repairs, conservation work, adaptation measures, interventions and new ways of caring for these historic assets".

In announcing the tactile survey, it said access restrictions had been put in place at a further 11 sites in November 2021, with an additional 39 sites following in January as a "precautionary measure because HES assessments showed that the issues found at the initial sites could potentially pose a risk to properties with shared characteristics".

One HES internal source told the Herald on Sunday: "There was certainly some ructions at the top of the organisation - there seemed to be some conflict on whether to close sites or not. The officer was apparently not popular when he said sites had to be closed.

"The state of the sites has been an inconvenient truth for a long time.

"The focus on closing the sites to make them safe which was right. It took ages for the inspections and minor repairs to take place. There are so many to do and they have not put enough staff onto it.

"No-one knows where the money is coming from. The staff want to have the sites open and cared for but there is no chance of the kind of money needed coming our way.

"We have flogged the sites to death and not invested in them - very simple."

In talking about the April wave of detailed inspections in May, they warned the public that it is sometimes necessary to "restrict access to our sites in order to protect both the people and the landmarks we hold dear".

They said: "The impact of our changing climate on our national heritage continues to present us with new challenges and means we need to be more pro-active in managing risks. While it’s not the only reason for deterioration, it has been a key factor in reassessing how we manage our properties. "That’s why we’re taking a proactive step towards addressing the accelerated decay brought on by climate change over decades and managing the consequences of deterioration.

The Herald:

"In 2019, we embarked on a national project to assess risks to visitors, staff, and the sites in our care nationwide. Surveying started in spring 2021 as Covid 19 restrictions began to lift, allowing our specialist staff to continue their vital work. The surveys carried out are crucial to understanding what condition our properties are in and what we need to do to manage them safely.

"This will inevitably mean that safety restrictions will need to be put in place at some properties. More broadly we may need to re-think what physical access to some locations looks like."

HES, the body set up to "investigate, care for and promote Scotland’s historic environment," is due to have its budget cut by £13m over the next five years as a result of a May spending review by finance secretary Kate Forbes.

While spending will increase from £61m this year to £63m in 2023/24, it will steadily decrease to £48m in 2026/27.

Two years ago, HES said that the impact of Covid-19 has hampered around 85 per cent of its non-government funding, with visitor numbers plummeting.

Mr Paterson told the Scottish Parliament that that had created a £53m hole in its budget for 2020/21 alone.

An HES spokesman said: “From the outset of the high-level masonry programme, the safety of staff, visitors and contractors has been HES’s primary concern.

“To ensure public safety, and in response to concerns relating to the potential risk of failing historic building fabric, HES had embarked on a national project to assess risks to visitors and staff across the properties in care in 2019. Post-lockdown, work was restarted and immediate action was taken on 20 sites where we identified a potential issue with high-level masonry in spring 2021, with access restrictions being put in place right away to ensure visitors and staff were not exposed to any possible risks.

“Following risk-based assessments, undertaken by technical experts in this field, the HES CEO acted on their recommendations on additional properties, and access restrictions were put in place in November 2021 and January 2022 on a further 50 sites. This was to allow for tactile inspections to be done as a purely precautionary measure due to shared characteristics with the initial closed sites, rather than in response to a specifically identified risk at any of these properties.

“The high-level tactile inspections began in April 2021 and are being undertaken by specially trained HES employees. A rolling programme of increased access is in place as properties are inspected and reopened, with the inspection programme running on schedule and due to continue throughout the winter as weather permits.

“Despite these being difficult decisions, the CEO and his team at HES has always been guided first and foremost by the safety of our staff, visitors and contractors and to ensure they are not put at any risk.”