Scottish hospitals inquiry loses legal challenge over rejected NHS report

NHS GGC last year submitted a 218-page report to the Scottish Hospitals Inquiry, stating there had been no excess infections at the Queen Elizabeth University Hospital campus since 2015. 

This conflicted with an independent review that linked infections at the hospital to the deaths of at least two child cancer patients.

The inquiry refused to consider the report, arguing that doing so would delay proceedings and turn the inquiry into an “adversarial contest”. NHS GGC sought a judicial review at the Court of Session, which has now ruled in the health board’s favour.

The judicial review concluded that the inquiry’s decision was “wrongly decided and consequently unfair.”

A spokesperson for the Scottish Hospitals Inquiry said: “NHS Greater Glasgow and Clyde sought to have a new report included in the [third phase of the Glasgow] hearings, which took place last year between 19 August and 15 November last year.

“A draft of the report was provided to the inquiry on 10 July, before the final version on 24 July.

“Lord Brodie refused NHS GGC’s application for reasons of principle and practicality.

“If the report had been accepted to be heard as evidence during [this phase of the hearings], the hearings would have been postponed.”

NHS GGC said: “The questions being examined by the Scottish Hospitals Inquiry are of significant public concern and the importance of having expert opinion on these matters remains high.”

It added: “We will engage with the inquiry team about the next steps in submitting a fresh application for the inquiry to receive the independent expert report.”