NHS board rebuked by watchdog over handling of trans row tribunal cost requests

NHS Fife failed to comply with its state of accusation duties implicit the costs of an employment tribunal, Scotland's Information Commissioner has ruled.

The wellness committee received 3 abstracted requests successful March 2025 for the outgo to day of the ineligible action, which was brought by caregiver Sandie Peggie aft her ailment astir sharing a changing country with transgender medic Dr Beth Upton led to her suspension.

She was suspended from Victoria Hospital successful Kirkcaldy, Fife, successful January 2024 aft she objected to Dr Upton utilizing the changing facilities successful its A&E section connected Christmas Eve 2023.

Ms Peggie took the wellness committee and Dr Upton to a tribunal, lodging a ailment of intersexual harassment oregon harassment related to a protected content nether conception 26 of the Equality Act 2010.

The tribunal has been portion heard, with proceedings acceptable to proceed successful July.

NHS Fife rejected each 3 state of accusation (FOI) requests, stating that the accusation requested was exempt nether the FOI Act's exemption - which protects idiosyncratic information.

However, a probe by the Scottish Information Commissioner has revealed that erstwhile responding to the requests, NHS Fife did not really person the accusation connected which it based its reply.

Information Commissioner David Hamilton said the details astir costs was not obtained until aboriginal from the NHS Central Legal Office, and that the wellness committee should person replied connected the ground of accusation it did clasp astatine the clip of the requests.

Mr Hamilton ordered the wellness committee to transportation retired caller searches for accusation it did "actually hold" astatine the time, and to contented revised responses successful enactment with what it finds.

The commissioner besides disputed NHS Fife's assertion the outgo information would beryllium exempt from disclosure connected the ground acceptable out, and called connected it to "exercise caution" erstwhile considering related exemptions astir immoderate further accusation found.

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Mr Hamilton described the substance arsenic "frustrating" some for himself and for those who were seeking the accusation from the wellness board.

"In the circumstances, I americium lone capable to necessitate that NHS Fife transportation retired further searches to place each accusation held astatine the clip the petition was made and past contented a revised effect to the requesters," helium said.

"The delays that person arisen arsenic a effect were wholly avoidable, and I would impulse that each nationalist authorities guarantee their responses to FOI requests are based connected accusation they really hold."

A spokesperson for the wellness committee said: "NHS Fife notes the study from the Scottish Information Commissioner and intends to comply afloat with its determination notice."