NHS board warned of potential legal action in delays row

The Herald Scotland

5 days ago

Information Commissioner David Hamilton wrote: 'I remain concerned with the performance figures to date. NHS Forth Valley's latest statistics for June 2025 indicate that 39% of all initial responses are late.'
'I am equally concerned with NHS Forth Valley's performance in relation to responding to reviews on time.'
Under Freedom of Information (FOI) legislation, public authorities are required to provide requested information, such as internal documents or copies of emails, to interested parties within 20 working days.
The Commissioner went on to tell the NHS board it must reply to 80% of requests within the statutory timeframe by September, and more than 90% by December.
NHS Forth Valley includes the area surrounding Stirling. (Image: Stirling Council) Mr Hamilton added: 'If NHS Forth Valley fails to reach these targets in the timeframe stipulated, I will take enforcement action.
'If an authority fails to comply with an enforcement notice, I may certify to the Court of Session that the authority has failed to comply.
"This is a highly unusual step, and one that we have never had to resort to in the context of intervention work, but I will have no hesitation to issue an Enforcement Notice if I do not see a significant improvement in FOI performance in the timeframes stipulated.'
The Commissioner had met with NHS Forth Valley chief executive Ross McGuffie in March, but escalated his intervention after 'significant' improvement was not observed.
Mr Hamilton noted: 'I hope this serves as the wake-up call that NHS Forth Valley needs. Their FOI response times over the last 18 months have been terrible.
'There can of course be reasons for glitches in performance, but this has been far too prolonged. It is up to the Board to grasp the issues and to properly resource and support its staff in fulfilling these statutory duties.'
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The news comes a week after another health board, NHS Fife, was forced to reveal the cost of an ongoing employment tribunal involving nurse Sandie Peggie, who was suspended amid a row over sharing changing facilities with a transgender doctor.
After an appeal by The Herald and other newspapers, Mr Hamilton rejected the board's claims that revealing the figure, £220,500, could aid Ms Peggie's legal team and endanger staff.
He subsequently ordered the authority to 'to carry out adequate, proportionate searches" and respond to requesters within one week.
The board quietly published the sum on its website last Monday.
NHS Forth Valley has been contacted for comment.