Latest news with #Fife
The Independent
2 hours ago
- Health
- The Independent
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
A consultant sobbed as she spoke about her involvement in a dispute between a transgender doctor and a gender-critical nurse – as well as admitting a 'flagrant breach of confidentiality', a tribunal heard. Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital, Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.
Telegraph
3 hours ago
- Health
- Telegraph
NHS investigation ‘bent the rules' in favour of trans doctor
The NHS investigation into a nurse who complained about a transgender doctor using a female hospital changing room repeatedly 'bent' impartiality rules, an employment tribunal has heard. Naomi Cunningham KC, barrister for nurse Sandie Peggie, said there was a 'pattern' of 'rules being bent and the usual boundaries transgressed' to favour trans medic Dr Beth Upton. She challenged Dr Kate Searle, an emergency medicine consultant at the Victoria Hospital in Kirkcaldy, Fife, that the 'usual rules don't apply when dealing with Dr Upton, do they?'. Dr Searle disagreed but Ms Cunningham pointed to an email she sent to Dr Upton, passing on a message of support from Jamie Doyle, the hospital's head of nursing. The barrister said Mr Doyle was involved in the investigation and 'shouldn't it have been obvious to both you and Jamie that that was a wholly improper message from him.' Dr Searle replied: 'In hindsight, yes.' Ms Cunningham highlighted that Dr Searle was allowed to be present during Dr Upton's interview for the investigation, despite also being a witness in the case. She read an email from Angela Glancey, a clinical nurse manager, in which it was stated that Dr Searle would be interviewed first as 'that way there's no conflict once we speak to Dr Upton'. Dr Searle replied that she did not know the rules but Ms Cunningham said: 'Once again, this is a situation where we see rules being bent and the usual boundaries transgressed for Dr Upton. That's what you want and Angela indulges you.' She disagreed but then admitted she had committed a 'flagrant breach' of an instruction not to discuss the case with others, by speaking with another witness. The tribunal had previously heard how Dr Searle had emailed 19 of the hospital's consultants shortly after the incident to state that Dr Upton 'knows we all support her, and that we condemn the actions of Sandie'. The row centres on an encounter between Ms Peggie and Dr Upton on Dec 24 2023. The nurse experienced a sudden and heavy period and feared that it had bled through to her scrubs. Ms Peggie entered the female hospital changing room to find Dr Upton and challenged the medic's presence. Within hours, a bullying complaint was lodged by Dr Upton and the nurse was then suspended. In May last year Ms Peggie submitted a formal claim to an employment tribunal against NHS Fife and Dr Upton for sexual harassment, belief discrimination and victimisation. The nurse complained of being required to share a single-sex space with someone she believed to be male and being victimised for holding a gender-critical belief that biological sex is immutable. It emerged last week that Ms Peggie had been cleared of gross misconduct by an NHS Fife disciplinary hearing. However, the employment tribunal continues. Dr Searle spoke with Dr Upton on the night of the changing room incident and helped the medic fill out an official report into the matter. 'Flagrant breach' After Dr Searle was questioned about her email to the other consultants, and being present at Dr Upton's interview, Ms Cunningham said: 'Usual boundaries (are) transgressed because it's Doctor Upton, because it's about Doctor Upton. That's right, isn't it? This is becoming a pattern, isn't it?' Dr Searle disagreed but Ms Cunningham highlighted her invitation to an investigation meeting that stated 'you should avoid discussing the case with anyone other than your representative to ensure your confidentiality and that of the other parties involved'. The doctor said she had taken that instruction 'seriously' but she said she had not told Ms Glancey about her email to the other consultants, or passing on good wishes from Mr Doyle to Dr Upton. Ms Cunningham highlighted that Dr Searle had also spoken with the only third-party witness who could substantiate a claim that Ms Peggie had refused to communicate with Dr Upton over a patient. The barrister said the conversation was a 'flagrant breach' of the warning not to discuss the case with others. Dr Searle replied: 'In hindsight now, yes.' The doctor also agreed that a large man in men's clothes should not be allowed to use the female changing room if he self-identified as a woman. But she denied that Dr Upton was 'obviously male', saying she would not have known what sex the medic was 'assigned at birth' unless she had been told. The tribunal continues.
Yahoo
4 hours ago
- Health
- Yahoo
Consultant admits ‘flagrant breach of confidentiality' in Peggie gender dispute
A consultant sobbed as she spoke about her involvement in a dispute between a transgender doctor and a gender-critical nurse – as well as admitting a 'flagrant breach of confidentiality', a tribunal heard. Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital, Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation. On Wednesday, consultant Dr Kate Searle admitted she sought out a witness to patient safety allegations made by Dr Upton, which occurred previously in December 2023 but were unreported. Dr Searle sobbed when the woman was mentioned and alleged that the healthcare worker 'did not want to be involved in this for fear that, as a mixed race person, she feared Ms Peggie's views about her race would affect her going forward working in our department with Ms Peggie'. During cross-examination by Ms Peggie's barrister, Naomi Cunningham, Dr Searle admitted she had not been subject to disciplinary proceedings for it. Dr Searle agreed that the witness was 'the only person who was likely to be able to shed light on Dr Upton's claim that Ms Peggie refused to engage', in a resuscitation unit, however, she argued with Ms Cunningham about the woman's recollection of the incident. Ms Cunningham said the healthcare worker 'gave a clear answer that factually contradicted Dr Upton, as she said she recalled a conversation between Beth and Sandie, although couldn't recall details', during an internal probe, the tribunal heard. However, Dr Searle argued three times about the witness's recollection and concluded that the healthcare worker was 'contradicting herself', and said twice that she could not 'recall when it happened'. She said she 'couldn't recall' when she spoke to the healthcare worker, and admitted sending an email to 19 consultants on December 29 2023, describing the comments allegedly made by Ms Peggie as 'questioning her (Dr Upton's) whole being' the tribunal heard. Ms Cunningham asked if the doctor got in touch with the investigation manager to 'confess that you had left confidentiality in ruins' with an email to 19 consultants sent on December 29 2023, regarding the dispute which offered 'support' to Dr Upton and to 'condemn the actions' of Ms Peggie. Dr Searle said: 'I did not.' She denied attempting to 'bend the rules and transgress boundaries' by accompanying the junior doctor to an investigation meeting, and was accused by Ms Cunningham of 'turning up the temperature and increasing the emotional heat of the Datix report', the tribunal heard. Datix is a system used in healthcare settings to report incidents and manage risk, with a view to improving care. Dr Searle said: 'I reported it at time as I saw fit.' Ms Cunningham said: 'If the normal rules had been followed you wouldn't have been allowed to be present for Dr Upton's interview.' It was put to her that approaching a witness was a 'flagrant breach' of confidentiality. Dr Searle said: 'In hindsight, yes.' The barrister said priorities were 'surprising', and added: 'It seems you were more shocked by Sandie's refusal to play along with the pretence Dr Upton is a woman than about allegations of abandoning patients in resuscitation.' Dr Searle said: 'We didn't initially see they were big patient safety issues but, once it was all reported, we see they are.' She admitted adding the word 'rapist' to a Datix report although Dr Upton's account referred to a comment about prisons, the tribunal heard. Ms Cunningham said: 'You have added the word 'rapist' to the Datix haven't you?' Dr Searle said: 'What makes that comment so offensive and intimidating is the inference it is like Isla Bryson who is convicted male rapist, which is why its important to mention that on Datix.' She told the tribunal: 'I would not have known what sex Dr Upton was assigned at birth.' The consultant said she believed Ms Peggie had been cleared during a disciplinary 'due to lack of evidence', and 'believed and still do, that this was a hate incident', the tribunal heard. The tribunal continues.
BBC News
4 hours ago
- Politics
- BBC News
Fife councillor guilty of sex offences against teenage girl
A Fife councillor has been found guilty of sexual offences against a teenage girl over a seven-month Graham, who was suspended from the Labour party two years ago, groomed and sexually abused the girl at a variety of locations in the Fife and Edinburgh areas in 43-year-old was convicted of offences involving sexual activity with a girl aged between 13 and 15 following a trial at Kirkcaldy Sheriff is due to be sentenced on 19 August. Speaking after Graham's conviction, Fife Council leader David Ross said details of the abuse revealed at the trial had been "truly shocking".The Labour councillor added: "This is appalling behaviour by anyone, let alone an elected councillor - and the sentence will reflect the seriousness of this case. "Our sympathies go out to the young person involved."It is impossible to express how badly David Graham has let down his colleagues and the people he was elected to represent."A Labour Party spokesperson said: "The party is taking immediate action to exclude David Graham from membership of the Labour Party following his conviction."Police Scotland Det Insp Graham Watson described Graham as "a manipulative individual who groomed and sexually abused his teenage victim".The officer added: "He was well-known and in a position of power when the offending took place."I would like to thank the female for her assistance in bringing him to justice."
Sky News
6 hours ago
- Politics
- Sky News
Fife councillor David Graham found guilty of sex offences involving teenage girl
A Fife councillor has been found guilty of sexual offences against a teenage girl. David Graham, 43, who was suspended from the Labour party two years ago, was convicted on Wednesday following a trial at Kirkcaldy Sheriff Court. According to the indictment, the offences involved sexual activity with a girl aged between 13 and 15. The offences took place between 11 February and 21 August 2023, and were committed at a variety of locations in the Fife and Edinburgh areas. Graham was found guilty by a majority of one charge under the Sexual Offences (Scotland) Act 2009. He is due to be sentenced on 19 August. Detective Inspector Graham Watson said: "Graham is a manipulative individual who groomed and sexually abused his teenage victim. "He was well-known and in a position of power when the offending took place. I would like to thank the female for her assistance in bringing him to justice." Fife Council leader David Ross said the revelations at the trial had been "truly shocking". The Scottish Labour councillor added: "This is appalling behaviour by anyone, let alone an elected councillor - and the sentence will reflect the seriousness of this case. Our sympathies go out to the young person involved. "It is impossible to express how badly David Graham has let down his colleagues and the people he was elected to represent. "I expect him to be expelled from the Labour Party with immediate effect."
