Ensuring Support for both NMC Witnesses & Registrants – Board Wide
Your role as a witness in a Fitness to Practise (FtP) investigation is very important. The information you provide assists the NMC carry out a full and fair investigation. It helps them to fulfil their duty in protecting the public.
If you have reported an incident to the NMC or your name has been given as a possible witness, then in some cases they will hold a public hearing so that a decision can be made by an independent FtP Panel.
If you are a witness you may be called to give your evidence at the hearing so the panel can hear your evidence and ask you questions about what happened and what information you may know.
From the time of giving your initial statement and the hearing date being set may be some time. During this time, it may help to familiarise yourself with records and reports in relation to the case and where possible consider what decisions were taken, when and why. Ensure you have some practical and emotional support if you are feeling unsure and anxious.
The NMC website also has detailed information and leaflets for NMC witnesses about what to expect during the investigation process, attending the hearing as well as a helpful virtual tour of a typical hearing room.
I would encourage you to read the information booklets published by NMC (I have provided links below) in the first instance prior to seeking further support. The NMC information may answer and address any questions/concerns you may have at this time.
Understandably, this can be an anxious time for staff that are being called to give their evidence at a Hearing and therefore support is available to staff Board Wide within NHSGGC, enabling both NMC witnesses and registrants to seek support leading up to the Hearing.
For staff who are feeling anxious, worried there is support available to you where I can offer you:-
One to one support to address specific concerns and questions
Practical support and guidance around expectations of being called as a witness
Information around NMC Hearing process and what to expect at the Hearing
Arrangements for you to visit the NMC Office in Edinburgh prior to hearing starting, or on the day of your arrival.
Group Support – Question and Answering sessions can be helpful when there are quite a few staff being cited from the one ward area allowing staff to raise and discuss any general concerns around the expectations of being called as a witness.
Having a point of contact of support during the NMC process can be of great benefit to staff who require additional support and guidance.
I work in collaboration with NMC Witness Liaison Officers, Edinburgh ensuring dedicated support leading up to the Hearing and also on day of arrival at the Hearing.
Any questions, get in touch with Rachel McGowan, Legal Claims Manager.
Staff may be called at some point in their professional career to give evidence in a criminal case. Being involved in the criminal justice system can be a daunting and unknown process for NHS staff. When witnesses are called in criminal cases they may also be victims of crime, for example, you were assaulted. As a witness, you have an important role to play by telling the court the truth about what you know or may have seen. This information is known as the witness’s evidence. The court needs witnesses to give their evidence to allow them to build up a picture of what has happened and to reach a verdict or decision. If you are a witness, it may mean you:-
Have been a victim of a crime
Have seen or heard something in connection with a crime
Have information about someone accused of a crime
Have been involved either directly or indirectly in a children’s hearing court case.
Expert witness
There are three different people who may call (or more formally known as ‘cite’) you to be a witness:-
The Procurator Fiscal (also known as fiscal or prosecution)
The Defence or other Solicitor
The Reporter to the Children’s Panel
As a witness, you will receive a letter that tells you where and when to go to court and this is called your citation. You may feel anxious about appearing in court but assistance and support is available for NHS staff called as witnesses. Court visits can be arranged for anxious staff in advance to help them become more familiar with the courtroom and court process.
It is important not to ignore your citation. If you do not turn up at the correct time and place, the court can issue a warrant for your arrest. You can contact the procurator fiscal if you have any questions, concerns or special requirements in advance of the trial.
Questioning & Cross examination
When the time has come for you to give your evidence, you will be shown to the witness box where you will remain standing to give your evidence (pleasealsoread over section on court visit). You will then be asked to swear on oath/affirmation to tell the whole truth to the Sheriff/ Judge of that courtroom.
Questioning will then begin with who you are, your qualifications, age, experience and your place of work before going in to the circumstances surrounding your involvement in the case. Try to:-
Be calm, courteous and honest – remain objective
Speak clearly and concisely
Focus on the question at hand
Take time to consider your response
Be ready to confirm/back up your evidence
If you can’t remember or don’t know the answer to a question – say so – and don’t guess
If unsure of the question, ask for it to be repeated/clarified
Cross-examiners may try to challenge your experience, qualifications – remain calm, factual and professional by giving a reasoned response
Don’t be defensive
Don’t react emotionally
Be professional
By way of supporting and assisting you for upcoming trial, I can offer you:-
Practical support and guidance on court and legal process
Court Familiarisation Visit in advance of trial to aid you in preparation of giving your evidence on day of trial
One to one support to address specific challenges, concerns/anxieties
Q&A Sessions where large numbers of staff are cited to court
Work in partnership with other agencies such as Witness Service and Victim Information and Advice (VIA) in respect of vulnerable witnesses
I would encourage you to have a read over the undernoted leaflets, one for Sheriff Court Witnesses and one for High Court Witnesses compiled by the Crown Office & Procurator Fiscal Service COPFS.
An FAI is a legal process that seeks to explain the circumstances and facts leading up to a person’s death. Once an FAI has been decided and intimated on the Board by the Crown Office and Procurator Fiscal Service (COPFS), the Legal Claims Manager will instruct NHS Central Legal Office (CLO) to protect the interest of the Board and staff at the inquiry. Inquiries are normally held before Sheriffs and generally take place in Sheriff Court buildings.
Staff involved in the case will be called as witnesses to give their evidence on knowledge of fact or as an expert witness. If you have previously given a statement to the police/PF during the initial Investigation, it is most likely you will be called to give evidence at the FAI.
Leading up to the FAI, staff may be contacted to provide a further statement (precognition) along with any other information that may be relevant in the preparation of the FAI. This contact could be from either the CLO Solicitor who is acting on behalf of the Board or the Procurator Fiscal during the preparation of the FAI.
The FAI needs to determine five main points:-
Where and when the death took place
The cause or causes of death
The reasonable precautions, if any, that might have avoided the death
The defects, if any, in any system of work that contributed to the death
Any other facts relevant to the circumstances of the death
Preparation for FAI
Preparation for Court is essential. The gap between the initial PF investigation and the decision being made to hold an FAI can be months or even years. Take this time to prepare and familiarise yourself about FAIs ensuring you have all the support you need professionally and emotionally to assist and guide you through what can be a stressful and worrying time for staff. Staff should try and keep in mind that FAIs are not held to find fault or apportion blame with an individual, but to identify and rectify any systematic defects.
You should familiarise yourself with records and reports in relation to the matter and consider what decisions were taken, when and why. It may also be helpful to think about any factors which may have had a bearing on the death and how you will respond to questions about these. You will be expected to give evidence on the five main points listed above.
Questioning
Generally, you will be questioned on who you are, your qualifications, age and experience and place of work before going in to the circumstances surrounding the death. Try to:-
Be calm, courteous and honest – remain objective
Speak clearly and concisely
Focus on the question at hand
Take time to consider your response
Be ready to confirm/back up your evidence from medical notes, reports, etc
Refer to your notes if required
If you can’t remember or don’t know the answer to a question – say so – and do not guess
If unsure of the question, ask for it to be repeated or clarified
Do not give an opinion on a matter which you are not qualified to do so
Do not discuss your evidence with other witnesses
Do not attribute fault to others unless you are an expert witness
Try not to use any abbreviations or slang
Questioning is led by the Procurator Fiscal who is representing the public’s interest which then follows on to:-
Solicitor representing the deceased’s family (if they have chosen to appoint legal representation)
Solicitor representing the NHS (CLO)
Legal representation of any individuals who have chosen to be represented in their own right
All relevant medical records, reports are lodged in Court in advance of the trial and can be placed in front of you when in the witness stand to allow you to refer to when giving your evidence, these are known as productions.
The following support and guidance is available to staff during the PF/FAI:-
Practical support and guidance in relation to FAI process
Information on court procedures and what to expect as a witness
Court familiarisation visit in advance of FAI
Support in court on day(s) of giving your evidence
One to one support to address any specific concerns or questions
The following video outlines the support available to NHSGGC staff around Fatal Accident Inquiries.
NHSGGC has a process in place for the handling and management of Sudden and Unexpected Deaths Investigations under investigation by the Crown Office and Procurator Fiscal Service (COPFS) led by Rachel McGowan, Legal Claims Manager who works closely with NHS staff and the Procurator Fiscals Service (The Scottish Fatalities Unit) during all PF Investigations underway within NHSGGC.
The Procurator Fiscals Office investigates sudden, unexpected, suspicious, accidental and unexplained deaths occurring in Scotland. When a death occurs, and the circumstances appear to give cause for concern, the PF will undertake an investigation looking at the facts surrounding the death. The initial investigation is not an FAI, but it may lead to one as this is the purpose of the investigation to determine whether an FAI should be considered.
Mandatory FAI’s are held in to deaths that result from an accident in the course of employment and deaths in legal custody, for example, prison deaths, police custody.
The sole purpose of the PF investigation is to determine if there should be an FAI. The undernoted five main points will be considered, investigated allowing PF/Crown Office to come to a decision:-
Where and when the death took place
Cause or causes of the death
The reasonable precautions, if any, that might have avoided the death
The defects, if any, in any system of work that contributed to the death
Any other facts relevant to the circumstances of the death
During the investigation stage, PF can request various pieces of information to assist them, for example, Significant Critical Incident Report (SCI), Action Plan, training details, complaints paperwork, information on any recommendations and actions taken as a result of internal review. PF may also seek statements (precognition statement) from relevant clinical and nursing staff involved in the treatment and care of the deceased leading up to their death. Precognition statements taken by the PF or a Precognition Officer are normally done face to face and on a one to one basis with no other parties present. The purpose of taking a precognition statement is to allow PF to evaluate your evidence in respect of the circumstances surrounding the death.
The PF investigation can last months or even years and once concluded, recommendations will be made by PF to the Crown Office on whether an FAI should take place in relation to the facts surrounding the death.
If you are currently involved in a procurator fiscal investigation, it may be helpful to have a read over the NHS Staff Resource Guide on FAI’s along with the Fatal Accident Inquiry (FAI) link on this site providing you with some helpful information and guidance in respect of that process, if and when, an FAI is determined by the Crown Office and Procurator Fiscal Service (COPFS).
Support for NHSGGC staff
The following video outlines the support available to NHSGGC staff around Sudden and Unexpected Death Investigations.
Staff could be cited in respect of litigation cases raised against NHS Greater Glasgow and Clyde which could relate to a Personal Injury and/or Medical Negligence claim.
Personal injury law in Scotland is designed to support people who have suffered injury or illness through no fault of their own. This area of law makes it possible for injured parties to make a claim for any pain or loss suffered. Personal injury can include, for example, an injury at work or an injury caused by an error in hospital treatment.
Staff can be called by either the Pursuer’s Solicitor (Solicitors acting on behalf of the person who raises the claim) or the NHS Central Legal Office (CLO, NHS Solicitors) who will defend the claim.
Support and guidance is available to NHS staff called in respect of Legal Claims as follows:-
Practical support and guidance
Information on court and legal process
Guidance regarding further support
One to one support to address specific concerns or questions
Signposting
Please note, in respect of legal claims, each service/sector will have a designated Legal Claims Manager dealing with the case who will be able to respond to your questions in the first instance.
Attending court can be a daunting and anxious experience for staff, therefore, it may be helpful for you to think about having a court visit in advance of your trial/hearing. A court visit is one way, if not the best way, to prepare and familiarise yourself with the court and court process. This will help you know where the court is located, allowing you to plan your route, parking and travelling on the day of giving your evidence, the less stress the better on the day! This may seem like simple measures but will ease a great deal of stress for you on the day of giving your evidence.
Having a court familiarisation visit will also help prepare you in advance of the court surroundings, allowing you to become familiar with the court, courtroom, witness room giving you plenty of information and guidance on who is who along with court process. This will take away the unknown formality of the court and allow you to approach the witness stand feeling more confident and assured of the process, keeping in mind, you are assisting the court as a professional witness. If you are feeling anxious about an upcoming trial or an upcoming Fatal Accident Inquiry, I would encourage you to consider a court visit which I will be happy to assist and support you with this.
Court visits have been of great assistance to many NHS staff over the years (specifically in FAI’s cases) helping staff prepare well in advance.
Court visits are normally arranged between 1.00pm until 2.00pm when the court stop for lunch. This allows you to visit the court and witness room when everything is a little quieter to allow you to take it all at your own pace and allows for any specific concerns and questions you may have.
When the day arrives of giving your evidence, dress comfortably and smart, arrive in plenty of time.
When you arrive at the court you will have to go through court security first (a bit like airport security – you will be searched, bag, jacket) which can take time if court is busy, specifically, first thing in the morning when everyone is arriving at court.
Make sure to take your citation with you to court and report to the main reception desk where court staff will direct you to the appropriate area/witness room where you will wait until you hear your name being called by court staff. Be prepared for a wait!
When the court is ready for you to give your evidence, you will hear your name being called by a court official who will take you to the court room, once inside the court room they will direct you to the witness box where you will remain standing to give your evidence (unless you are unable to do so due to medical reasons). You will then be asked to take the oath or affirm by the Sheriff or Judge and questioning will then begin with the Procurator Fiscal/Advocate Depute who will address you first.
The aim of this document is to inform and advise NHS Greater Glasgow and Clyde staff on the Scottish Hospitals Inquiry. It outlines the Public Inquiry process, gives advice on how staff can prepare and where staff can find support.
Taking part in a Public Inquiry can be stressful. Staff can find their actions questioned and challenged in an environment that can feel alien. Making sure that all staff understand what is involved will help our staff and help the Inquiry establish what happened.
NHS Greater Glasgow and Clyde (NHSGGC) is fully committed to supporting staff through the Scottish Hospitals Inquiry. Appendix 1 has details on the type of support available and how to access this support.
2. The Scottish Hospitals Inquiry
Background
In November 2019, the Cabinet Secretary for Health and Sport, Jeanne Freeman, announced in the Scottish Parliament that a Public Inquiry would be held to examine issues at the Queen Elizabeth University Hospital Campus (QEUH) (which includes the Royal Hospital for Children) and the Royal Hospital for Children and Young People (RHCYP) and Department of Clinical Neurosciences (DCN), following concerns about patient safety and wellbeing, in order to determine how issues relating to ventilation, water and other key building systems gave rise to those concerns, how they occurred and what steps could be taken to prevent such issues arising in future projects.
The Scottish Hospitals Inquiry (‘the Inquiry’) is a Public Inquiry, set up under the Inquiries Act 2005. Lord Brodie was appointed as the Chair of the Inquiry with effect from 28 November 2019 and the Inquiry work commenced on 3 August 2020. The Terms of Reference of the Inquiry, which specify its remit and the issues it is examining in more detail, were published on 15 June 2020 (Appendix 2). There have been five diets of evidential hearings, commencing in September 2021.
What is a Public Inquiry?
A Public Inquiry is a formal, independent review relating to particular events which have caused or have potential to cause public concern, or where there is public concern that particular events may have occurred. It is inquisitorial in nature, not adversarial. The aim of a Public Inquiry is to help to restore public confidence in systems or services by investigating the facts through consideration of documentary and witness evidence, to determine what happened and help prevent recurrence. The outcome of a Public Inquiry is the production by the Chair, with input from the Inquiry Team, of a report which details key findings of fact and makes recommendations. It is not the purpose of a Public Inquiry to determine issues of civil or criminal liability.
NHSGGC is a Core Participant at the Inquiry. This designation affords the Board the opportunity to have more active involvement in the Inquiry process, including enabling its legal representatives to: make opening and closing statements (where permitted by the Chair); ask questions of witnesses giving oral evidence (where permitted by the Chair); and receive early sight of, and in some circumstances comment on, certain Inquiry documentation.
Format of the Public Inquiry
The Inquiry Team gathers evidence in the form of statements and documents, considers that evidence and prepares for hearings at which the evidence is tested.
The first formal hearing of the Scottish Hospitals Inquiry was held on 22 June 2021 remotely, in line with COVID-19 restrictions. This was a short hearing where Lord Brodie set out arrangements for the hearings commencing in September.
The first diet of oral hearings was conducted over the course of five weeks, between 20 September and 5 November 2021. Evidence from patients and their families was heard about their perceptions of the impact on patient safety and care from issues arising in relation to ventilation, water and drainage and other matters, and the communication with patients and their families in relation to those issues.
A further diet of hearings took place in May 2022, where the Inquiry focused primarily on ventilation and other matters relating to the project governance and funding model at the RHCYP and DCN.
Hearings in respect of the RHCYP and DCN were conducted over a two-week period, commencing on 24 April 2023, which considered the procurement exercise for the Edinburgh project.
Thereafter, a further diet of hearings relating to the QEUH commenced on 12 June 2023 for a period of two weeks. The purpose of that hearing was to allow the Chair to hear evidence on the perspective from clinicians and nurses working at the QEUH, following on from the evidence of patients and families heard in September 2021.
The third and final hearing in relation to the RHCYP and DN commenced on 26 February 2024 for a period of three weeks, which focused on the reasoning behind the decision not to open the hospital in 2019 and to open in 2021 instead.
A third hearing in relation to the QEUH has been set down for 19 August 2024 for a period of 12 weeks, which will focus on water and ventilation systems and infection at the QEUH.
3. Statements
Appendix 1 has information on the support available to staff who have been asked to provide a statement.
Investigations continue to be carried out by the Inquiry Team. This involves reviewing all relevant paperwork, notes and records; and interviewing individuals with knowledge of the circumstances surrounding the issues in relation to adequacy of ventilation, water contamination and other matters which arose in the construction and delivery of the hospital(s). There are also investigations relating to the response to emerging issues related to infections of patients at the QEUH after it was opened.
You may be asked by the Inquiry team to provide a witness statement, in which case you will be contacted by a named team member from the Inquiry Team’s Witness Engagement and Support Team either to arrange a suitable time for an interview appointment or to let you know that they intend to issue a questionnaire to you in the first instance, prior to arranging a meeting. When asked to attend for an interview, your named team member will confirm the interview details in writing,
to arrange a suitable time for an interview appointment. Your named team member will confirm the interview details in writing, provide the name of the person who will conduct the interview, and will also ensure that you understand what is involved in providing evidence, giving statements and attending hearings.
You may have somebody present with you at this meeting, such as a work colleague, friend, official from your Trade Union or Professional Organisation, or a solicitor from the NHS Central Legal Office’s (“CLO”) dedicated Scottish Hospitals Inquiry team (which is acting for NHSGGC in the Inquiry). It is recommended that whoever accompanies you is not themselves likely to be asked to provide a statement. The recommendation is that a solicitor from CLO attends with you to provide as full legal support as possible.
However, if you would prefer to be accompanied by an independent solicitor, the Inquiries Act 2005 allows for the possibility of an award of funding for legal representation for witnesses; applications for funding for legal representation must be approved in advance. There is further information on this on the Inquiry website and you would have to speak with the Inquiry’s witness support team about this.
You can arrange a meeting with the Inquiry team during your work time but, if you wish to do so, you must inform your Line Manager to organise your work pattern and arrange cover if required.
Preparation
It is important that, if you are asked to provide a witness statement, you review and are familiar with relevant records, case notes and documentation. The Inquiry team will inform you in advance of the issues about which you will be asked, as well as providing you with copies of the documentation you may be asked about.
Interviews
If you have been asked to provide a witness statement, you will also be informed of the location of the interview, or whether it will be appropriate to take the statement remotely.
There are likely to be two members of the Inquiry team in attendance, who will take your statement. Giving a witness statement may take some time. The statement takers will allow regular breaks, but you should feel free to ask for breaks whenever you want. If a meeting is likely to last a long time, the interview will be spread over more than one day. Consider making your own notes of the interview; this will help in remembering what was said when you receive the draft statement of your interview.
You will have the opportunity to get support from the NHSGGC Witness Service and/or CLO before you give a statement to the Inquiry Team. See Appendix 1.
Signing the Statement
After your interview, you will receive a draft copy of your witness statement. This must be read thoroughly, and any changes, additions or deletions can be made at this stage. You should sign the statement once you are satisfied that it accurately reflects your evidence. You may be asked to provide electronic verification in place of a signature, if the process is taking place remotely. Once the statement is signed, it then becomes your evidence to the Inquiry. If you subsequently wish to say something more, you can make a further statement.
4. Appearing as a Witness
Any individual who has been interviewed and provided a statement to the Inquiry Team may then be called as a witness at the Public Inquiry. However, in many cases, a witness’ statement will be sufficient and they will not also be required to give evidence at a hearing. Appendix 1 has information on the support available to staff who have been called to appear as a witness.
Statements
Shortly before a witness gives evidence at the hearings his/her statement will be published on the Inquiry website. A witness’ personal details (i.e. address and date of birth) and signature will not be published.
Called as a witness
If you are called to give evidence, it is important that you prepare for this by:
Reviewing all personal notes and files.
Familiarising yourself with the hearing surroundings by viewing the film of the venue provided by the Inquiry Team in advance.
Being prepared for media interest in the lead up to the hearing and at the hearing venue. See Section 6 for media advice.
Being aware that you may have to wait at the hearing venue before you are called as a witness.
Giving Evidence
When called to give evidence, a witness must take an oath, or affirm, declaring that they will tell the truth at all times. Listen carefully to the questions you are asked and take time to consider your response. Do not feel pressured to give a “yes” or “no” response and be ready to explain your view. If you can’t remember the date of an event or don’t know the answer to a question, say so – don’t try to guess. If a question has multiple parts, break down your answer. If you are unsure of the question, ask for it to be repeated.
Generally, you will be questioned on who you are, your qualifications and experience, and your place of work before going on to the circumstances surrounding the issues in relation to adequacy of ventilation, water contamination and other matters which arose in the construction and delivery of the QEUH as well as issues which emerged after its opening. Be calm, courteous and honest. Remain objective, and do not get personal. Speak clearly and concisely, and be ready to confirm your evidence from notes taken at the time, or by reference to your witness statement. If your role is a central one, be prepared for a possible lengthy session in the witness box which may last several hours.
What are key things to remember in giving evidence?
Do:
prepare in advance
be fully familiar with the issues in the case
give detailed and relevant answers
say if you cannot remember
be alert and astute to the atmosphere in the venue
direct your answers to the Chair, even though counsel to the Inquiry is asking the questions: the Chair is the decision maker
be clear in what you say and speak loudly enough for the Chair and Counsel to the Inquiry to hear you
be ready and willing to expand and explain your answers if requested
be ready and willing to see the argument in opposing views but be firm and clear about your own evidence
be prepared for delays
be aware this is a formal proceeding and dress appropriately
try to remain calm and not react emotionally
try to avoid appearing defensive, impatient or argumentative
stick to the facts – don’t make assumptions about what other people did or did not do
try to avoid jargon, medical or hospital language that others may not understand.
5. Conclusion
Once all of the evidence has been taken, Lord Brodie will close the Inquiry to consider his determination. The Inquiry is required to report to the Scottish Ministers, making recommendations identifying any lessons learned as soon as reasonably practicable. The Inquiry will end when Lord Brodie has submitted his report to the Scottish Ministers.
6. Media
Public inquiries are open to the public and the media. Witness statements will be posted on the Inquiry website when witnesses are called to give evidence, so the media will have access to materials during each stage of the Inquiry hearings. This could lead to witnesses being quoted in media reports when appearing at the Inquiry.
While newspaper and broadcast media would normally attend a public inquiry, numbers of attendees are restricted at the Inquiry premises. Therefore, reporting on the hearings will largely be done remotely and proceedings are being live-streamed on the Inquiry’s YouTube channel. The hearings will be available to watch again following the hearing. Transcripts of the hearings will also be published following the hearing, unless any contrary order or restriction notice is in place.
6.3 The Inquiry has measures in place to ensure that witnesses to the Inquiry are not approached by the media within the Inquiry premises. Should you be approached by a journalist outside the Inquiry premises, there is no obligation for you to make comment. The media may also take photographs of witnesses arriving at or departing from the Inquiry.
The NHSGGC Communications team is on hand to advise and support you if you are in any doubt about what to do if contacted by the press. They can be contacted by telephone, 0141 201 4429, or email, press.office@ggc.scot.nhs.uk 24 hours a day.
7. Expenses
Staff called to give evidence at the hearing may be entitled to travelling expenses and subsistence allowances. Further information can be found in Appendix 3.
8. Compellability
All staff asked to provide evidence, a statement or appear as a witness will receive a formal request to do so and your cooperation is appreciated. If a member of staff refuses this request, Lord Brodie has the power to apply for an Order from the Court of Session requiring a witness to provide evidence, a statement or appear as a witness, failing which they may be found to have committed a criminal offence.
9. Further Information
Further information on the Scottish Hospitals Inquiry can be found on the Inquiry website: www.hospitalsinquiry.scot
NHS Greater Glasgow & Clyde is fully committed to providing support to all staff who may be involved in the Scottish Hospitals Inquiry.
Witness Support
NHS Greater Glasgow & Clyde Legal Office operates a “Witness Service” that offers support and guidance to all witnesses asked to give evidence at a hearing. The service they can provide which would be helpful to any NHS staff member if required is:
Practical help
Information on Inquiry procedures
Guidance regarding further support
A listening ear for your anxieties/concerns
Staff who have used this service in the past have found it to be very helpful. If you are invited to give a statement/evidence and would like some support from this service, please contact Rachel McGowan, 07583 121674 or rachel.mcgowan@ggc.scot.nhs.uk
Alternatively, you can ask your trade union or professional organisation for support.
Occupational Health Service
The Occupational Health service is available to offer additional advice and support if required. You can contact them in the following ways:
To arrange an appointment with the OH Counselling service please call: 0141 201 0600 – Lines are open Monday to Friday 8.00am until 5.00pm.
To speak to an Occupational Health Nurse please call our telephone advice line on 0141 201 0594 Lines are open Monday to Friday 8.00am until 5.00pm.
To speak to a member of the OH Psychology Staff Support Service please call 0141 277 7623 Lines are open Monday to Friday 8.00am until 5.00pm.
Alternatively, you can email your enquiry to the Occupational Health Department via our generic email address and a member of the team will get back to you as soon as possible: Occupational.Health@ggc.scot.nhs.uk
Debriefing
Once the Scottish Hospitals Inquiry hearings are over, all staff involved will have the opportunity for debriefing.
Appendix 2 – Remit and Terms of Reference
Remit
The overarching aim of this Inquiry is to consider the planning, design, construction, commissioning and, where appropriate, maintenance of both the Queen Elizabeth University Hospital Campus (QEUH), Glasgow and the Royal Hospital for Children and Young People and Department of Clinical Neurosciences (RHCYP/DCN), Edinburgh. The Inquiry will determine how issues relating to adequacy of ventilation, water contamination and other matters adversely impacting on patient safety and care occurred; if these issues could have been prevented; the impacts of these issues on patients and their families; and whether the buildings provide a suitable environment for the delivery of safe, effective person-centred care. The Inquiry will make recommendations to ensure that any past mistakes are not repeated in future NHS infrastructure projects. The Inquiry will do this by fulfilling its Terms of Reference.
Terms of Reference
To examine the issues in relation to adequacy of ventilation, water contamination and other matters adversely impacting on patient safety and care which arose in the construction and delivery of the QEUH and RHCYP/DCN; and to identify whether and to what extent these issues were contributed to by key building systems which were defective in the sense of:
a) Not achieving the outcomes or being capable of the function or purpose for which they were intended;
b) Not conforming to relevant statutory regulation and other applicable recommendations, guidance and good practice.
To examine the arrangements for strategic definition, preparation and brief and concept and design, including the procurement, supply chain and contractual structure adopted for the financing and construction of the buildings, to determine whether any aspect of these arrangements has contributed to such issues and defects.
To examine during delivery of QEUH and RHCYP/DCN projects:
a) Whether the Boards of NHS Greater Glasgow & Clyde and NHS Lothian put in place governance processes to oversee the projects and whether they were adequate and effectively implemented, particularly at significant project milestones;
b) Whether operational management provided by the Boards of NHS Greater Glasgow and Clyde and NHS Lothian was adequate and effective for the scale of such infrastructure projects;
c) The extent to which decision makers involved with the projects sought and facilitated the input and took account of the advice and information provided by, or available from, the clinical leadership team; infection control teams; estate teams; technical experts and other relevant parties to ensure that the built environment made prior provision for the delivery of clinical care;
d) Whether, the organisational culture within the Boards of NHS Greater Glasgow and Clyde and NHS Lothian encouraged staff to raise concerns and highlight issues in relation to the projects at appropriate times throughout the life cycles of the projects;
e) Whether failures in the operation of systems were a result of failures on the part of the individuals or organisations tasked with specific functions.
To consider whether any individual or body deliberately concealed or failed to disclose evidence of wrongdoing or failures in performance on inadequacies of systems whether during the life of projects or following handover, including evidence relating to the impact of such matters on patient care and patient outcomes; and whether disclosures of such evidence was encouraged, including through implementation of whistleblowing policies, within the organisations involved.
To examine whether, based on the governance arrangements in place, national oversight and support of such a large-scale infrastructure projects was adequate and effective and whether there was effective communication between the organisations involved.
To examine, during the life cycle of the QEUH and RHCYP/DCN projects, how the Boards of NHS Greater Glasgow and Clyde and NHS Lothian secured assurance and supporting evidence that:
a) All necessary inspection and testing had taken place;
b) All key building systems had been completed and functioned in accordance with contractual specifications and other applicable regulations, recommendations, guidance and good practice and;
c) Adequate information and training were provided to allow end-users effectively to operate and maintain key building systems.
To examine what actions have been taken to remedy defects and the extent to which they have been adequate and effective.
To examine the physical, emotional and other effects of the issues identified on patients and their families (in particular in respect of the environmental organisms linked to infections at the QEUH) and to determine whether communication with patients and their families supported and respected their rights to be informed and to participate in respect of matters bearing on treatment.
To examine the processes and practices of reporting healthcare associated infections with QEUH and determine what lessons have been or should be learned.
To examine whether the choice of sites was appropriate or gave rise to an increased risk to patients of environmental organisms causing infections.
To examine whether there are systematic knowledge transfer arrangements in place to learn lessons from healthcare construction projects and whether they are adequate and effective.
To examine whether NHS Lothian had an opportunity to learn lessons from the experience of issues relating to ventilation, water and drainage systems at the QEUH and what extent they took advantage of that opportunity.
To report to the Scottish Ministers on the above matters, and to make recommendations identifying any lessons learnt to ensure that any past mistakes are not repeated in any future NHS infrastructure projects, as soon as reasonably practicable.
Appendix 3 – Expenses
Expenses forms and guidance can be found on HR Connect at the following links:
Members of staff who are registered car users should complete a paper expenses form with details of travel to the hearing venue and this would be reimbursed at the public transport rate of 24p per mile.
Members of staff who use their own car to travel (and are not registered as a car user) are also entitled to claim public transport rate of 24p per mile and should also complete a paper expenses form.
Public Transport
Members of staff who use public transport to get to the hearing venue should retain their receipts and attach to a completed an expenses form in relation to daily expenses.
Lunch
Members of staff who are away from their usual workplace and are not close to NHS dining facilities over lunchtime are entitled to claim a subsistence allowance up to £5.00.
Expenses Forms
Refer to the guidance for instructions on how to complete the expenses form. Once authorised by local management, completed forms and receipts should be forwarded to:
Expenses Team Caledonia House 140 Fifty Pitches Road Cardonald Business Park Glasgow G51 4EB
Queries
If you have any questions about claiming expenses or completing an expenses form, please contact eexpenses@ggc.scot.nhs.uk
Just off St Andrew Square, the venue is close to Waverley train station, Edinburgh bus station and has good tram links. No car parking is available at the venue.
Going to Court as part of your NHS profession is more common for some staff than others. This site offers some key things to consider when you are cited as a witness, providing some details around the various legal cases some NHS staff could be called to attend.
It is important to keep in mind that witnesses play a key role by giving information in court. The courts need witnesses to give evidence so that they can build up a picture of the facts surrounding the case allowing the court to come to a decision/verdict. Understandably, witnesses can feel intimidated and anxious about the prospect of attending court and hopefully this site will help answer some questions you may have at this time.
What is Witness Support?
Preparation is essential when you are being called as a professional witness. Witnesses have to prepare themselves professionally for Court by reviewing all relevant documents, notes relative to their involvement. The more they prepare the more beneficial and less daunting it should be when the time comes to take the witness stand in court.
Witness support is practical, emotional support and guidance on court and legal process. Witness Support is not coaching or influencing witnesses on how to give your evidence but helping you become more prepared, confident and familiarised in the legal process you are about to embark. Sometimes, the gap between giving a witness statement/precognition statement and a trial/hearing date being set can take many months or years, depending on the type of case. Therefore, use that time to prepare and familiarise yourself with relevant medical notes/investigation reports ensuring you have all the support you need professionally and emotionally to assist and guide you through what can be a stressful and sometimes worrying time for NHS staff.
As a starting point, have a read over the site content and familiarise yourself with the appropriate sections, for example, if you are being cited in respect of a Criminal Trial, have a read over Cited to a Criminal Trial section first and then section around court attendance/court visit – Attendance at Court & Court Familiarisation Visit. This will give you some practical information and guidance and a good starting point in aiding your preparation for Court.
NHS Staff may be cited at some point in their professional career in relation to cases such as:-
Public Inquiry (for the Scottish Hospitals Inquiry – please see guidance and FAQs)
Litigation cases – Personal Injury/Medical Negligence Claims
One to one practical and emotional support to listen and address your specific concerns and/or questions
Group Support – at times, various staff from one ward/department may be cited
Q & A sessions covering expectations of witness
Working in collaboration with external agencies such as Witness Service, Victim Information and Advice (VIA), NMC enabling a dedicated staff centred approach for NHS witnesses
Court Familiarisation visit in advance of trial (subject to COVID restrictions)
Support in court on day of giving your evidence (subject to COVID restrictions)
A dedicated point of support and guidance to you throughout the legal process aiding in your preparation and familiarisation of court and legal process.
Practical information around court processes and expectation of witnesses
Please read over the appropriate pages linked to the side relating to the type of case you are cited to attend. If further support is required, please get in touch with Rachel McGowan or your appropriate Legal Claims Manager for your area if matters relate to a legal claim against the Board.
The Witness Support and Corporate Legal Manager is based at West Glasgow ACH.
Please note: Witness Support is not coaching, influencing or tactical support and advice for attending Court. Witness Support offers reassurance for NHS staff who have been cited to attend Court.
The following videos highlight the support available to NHSGGC staff around Fatal Accident Inquiries (FAI) and Sudden and Unexpected Death Investigations (SUD)
Privacy Notice
As part of our requirements under Data Protection legislation, we have published a Staff Privacy Notice. By issuing this privacy notice, we demonstrate our commitment to openness and accountability.
We recognise the need to treat staff’s personal and sensitive data in a fair and lawful manner. No personal information held by us will be processed unless the requirements for fair and lawful processing can be met.
Contact Information
Rachel McGowan, Witness Support and Corporate Legal Manager based at West Glasgow ACH. Working as a Witness Support and Corporate Legal Manager involves me working closely with a wide variety of clinical and non-clinical staff across the organisation in relation to various legal cases on behalf of the Board.
If you have been asked to attend a Scottish Hospitals Inquiry oral hearing, this short video will provide you with an overview of the hearing room before you arrive.