NHS Fife won't reveal information on Sandie Peggie statement

The Herald Scotland

10 hours ago

The original, unedited, statement appeared to attack the integrity of Ms Peggie's legal team and linked supporters of the nurse to violence.
The statement was edited numerous times, with references to feminist organisation Sex Matters eventually being removed completely.
Newspapers including The Herald sent freedom of information (FOI) requests to NHS Fife asking who signed off on the statement and the subsequent edits between July 18 and July 21, as well as copies of all related correspondence.
However, the health board refused the FOI requests stating an exemption because the information 'would otherwise or be likely to prejudice substantially the free and frank provision of advice and exchanges of views for the effective conduct of public affairs'.
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The FOI response state that staff must have access to a 'private space within which to seek advice and views before reaching an informed decision'.
It said: 'Disclosing the content of free and frank briefing material on these matters would substantially inhibit such briefings.'
NHS Fife argued that the public interest 'lies in favour of upholding the exemptions'.
Ms Peggie's legal team condemned NHS Fife's statement and asked the health board to confirm who signed off on the statement.
The initial statement referenced the chief executive of Sex Matters, Maya Forstater, who has already given evidence in the tribunal, and the group's chair, barrister Naomi Cunningham, who is leading Ms Peggie's case.
The statement said the case had attracted 'significant and very polarised' debate on social media, but added that it had now 'evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland'.
David Hamilton, Scottish Information Commissioner, announced a fresh probe would be launched into the health board following the press statement.
He said the board could face contempt of court proceedings in the Court of Session after it seemingly sought to reframe his earlier decision on the release of legal costs linked to the ongoing employment tribunal brought by nurse Sandie Peggie.
Evidence concluded in the tribunal at the end of July following a five month adjournment.
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It claimed reports suggesting it had been compelled to release cost information by the Scottish Information Commissioner were 'inaccurate.'
The statement said: "The information commissioner stated in his decision cited above that: 'the withheld information the Authority provided to the Commissioner was obtained from CLO after the date it received the Applicants' requests. This means the Commissioner cannot make a finding on, or require disclosure of, this information in his decision notice.'
"NHS Fife subsequently made the decision to publish the figures on its website up until 31 May 2025 in the interests of transparency, and on the basis that similar information was being actively sought."
But Decision 133/2025 issued by the Commissioner last month was highly critical of NHS Fife's refusal to answer requests from The Herald and others about how much public money had been spent defending the case.
He found NHS Fife had not undertaken searches for the information and had repeatedly argued it was exempt from disclosure. He dismissed those claims and ordered the board to carry out 'adequate, proportionate searches' and respond to applicants by Sunday July 14.
Mr Hamilton described NHS Fife's statement as 'petulant'.
It will resume on September 1 and 2 with legal teams on both sides presenting their oral submissions. However, a judgment is not expected until around December.
Ms Peggie is suing her employer and Dr Beth Upton after she was suspended for raising objections to the trans medic's use of a female changing room on Christmas Eve 2023.