NHS Fife couldn’t meet his freedom of details about the prices of a labor courtroom, Scotland’s info commissioner determined.
In March 2025, the Well being Board acquired three separate inquiries for the earlier prices of the authorized steps, which was submitted by the nurse Sandie Peggie after her grievance about sharing a altering room with a transgender medic Dr. Beth Upton had led to her suspension.
It was suspended in January 2024 within the Victoria Hospital in Kirkcaldy, Fife, after she was altering services in her A&E division in opposition to Dr. Upton complained.
Ms. Peggie introduced the Well being Board and Dr. Upton to a tribunal and established a grievance about sexual harassment or harassment in reference to a protected perception in accordance with Part 26 of the Equal Alternatives Act 2010.
The tribunal was heard, whereby the process is to be continued in July.
Dr. Beth Upton. Picture: Pa
NHS FIFE rejected all three inquiries about freedom of knowledge (Freedom of Info) and located that the requested info was excluded as a part of the exemption of the FOI Act – the non-public knowledge.
Nonetheless, an investigation by the Scottish info commissioner confirmed that NHS FIFE doesn’t have the data on which she supported her reply when answering the inquiries.
The knowledge commissioner David Hamilton mentioned that the small print on the prices have been solely submitted by the NHS Central Authorized Workplace later and that the well being authority ought to have answered on the premise of the data held on the time of inquiries.
Mr. Hamilton ordered the Well being Board to hold out new searches for info that was “truly stored” at the moment, and revised solutions in concord with what it finds.
The commissioner additionally denied NHS FIFE’s declare that the price knowledge on the bottom set out can be excluded from the disclosure and requested them to “warning” when inspecting the related extra info.
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Mr. Hamilton described the matter for each himself and for individuals who have been on the lookout for the data from the Well being Board.
“Underneath the circumstances, I can solely ask NHS Fife to hold out additional search queries to determine all info on the time of the request, after which spend a revised reply to the services,” he mentioned.
“The delays that resulted on this have been fully avoidable, and I’d level out that each one authorities make it possible for their solutions to FOI inquiries are based mostly on info that they really have.”
A spokesman for the Well being Board mentioned: “NHS FIFE notes the Scottish info commissioner and intends to finish his resolution -making announcement.”
