NHSGGC has a process in place for the handling and management of Sudden and Unexpected Deaths Investigations under investigation by the Crown Office and Procurator Fiscal Service (COPFS) led by Rachel McGowan, Legal Claims Manager who works closely with NHS staff and the Procurator Fiscals Service (The Scottish Fatalities Unit) during all PF Investigations underway within NHSGGC.
The Procurator Fiscals Office investigates sudden, unexpected, suspicious, accidental and unexplained deaths occurring in Scotland. When a death occurs, and the circumstances appear to give cause for concern, the PF will undertake an investigation looking at the facts surrounding the death. The initial investigation is not an FAI, but it may lead to one as this is the purpose of the investigation to determine whether an FAI should be considered.
Mandatory FAI’s are held in to deaths that result from an accident in the course of employment and deaths in legal custody, for example, prison deaths, police custody.
The sole purpose of the PF investigation is to determine if there should be an FAI. The undernoted five main points will be considered, investigated allowing PF/Crown Office to come to a decision:-
Where and when the death took place
Cause or causes of the death
The reasonable precautions, if any, that might have avoided the death
The defects, if any, in any system of work that contributed to the death
Any other facts relevant to the circumstances of the death
During the investigation stage, PF can request various pieces of information to assist them, for example, Significant Critical Incident Report (SCI), Action Plan, training details, complaints paperwork, information on any recommendations and actions taken as a result of internal review. PF may also seek statements (precognition statement) from relevant clinical and nursing staff involved in the treatment and care of the deceased leading up to their death. Precognition statements taken by the PF or a Precognition Officer are normally done face to face and on a one to one basis with no other parties present. The purpose of taking a precognition statement is to allow PF to evaluate your evidence in respect of the circumstances surrounding the death.
The PF investigation can last months or even years and once concluded, recommendations will be made by PF to the Crown Office on whether an FAI should take place in relation to the facts surrounding the death.
If you are currently involved in a procurator fiscal investigation, it may be helpful to have a read over the NHS Staff Resource Guide on FAI’s along with the Fatal Accident Inquiry (FAI) link on this site providing you with some helpful information and guidance in respect of that process, if and when, an FAI is determined by the Crown Office and Procurator Fiscal Service (COPFS).
Support for NHSGGC staff
The following video outlines the support available to NHSGGC staff around Sudden and Unexpected Death Investigations.
Staff could be cited in respect of litigation cases raised against NHS Greater Glasgow and Clyde which could relate to a Personal Injury and/or Medical Negligence claim.
Personal injury law in Scotland is designed to support people who have suffered injury or illness through no fault of their own. This area of law makes it possible for injured parties to make a claim for any pain or loss suffered. Personal injury can include, for example, an injury at work or an injury caused by an error in hospital treatment.
Staff can be called by either the Pursuer’s Solicitor (Solicitors acting on behalf of the person who raises the claim) or the NHS Central Legal Office (CLO, NHS Solicitors) who will defend the claim.
Support and guidance is available to NHS staff called in respect of Legal Claims as follows:-
Practical support and guidance
Information on court and legal process
Guidance regarding further support
One to one support to address specific concerns or questions
Signposting
Please note, in respect of legal claims, each service/sector will have a designated Legal Claims Manager dealing with the case who will be able to respond to your questions in the first instance.
Attending court can be a daunting and anxious experience for staff, therefore, it may be helpful for you to think about having a court visit in advance of your trial/hearing. A court visit is one way, if not the best way, to prepare and familiarise yourself with the court and court process. This will help you know where the court is located, allowing you to plan your route, parking and travelling on the day of giving your evidence, the less stress the better on the day! This may seem like simple measures but will ease a great deal of stress for you on the day of giving your evidence.
Having a court familiarisation visit will also help prepare you in advance of the court surroundings, allowing you to become familiar with the court, courtroom, witness room giving you plenty of information and guidance on who is who along with court process. This will take away the unknown formality of the court and allow you to approach the witness stand feeling more confident and assured of the process, keeping in mind, you are assisting the court as a professional witness. If you are feeling anxious about an upcoming trial or an upcoming Fatal Accident Inquiry, I would encourage you to consider a court visit which I will be happy to assist and support you with this.
Court visits have been of great assistance to many NHS staff over the years (specifically in FAI’s cases) helping staff prepare well in advance.
Court visits are normally arranged between 1.00pm until 2.00pm when the court stop for lunch. This allows you to visit the court and witness room when everything is a little quieter to allow you to take it all at your own pace and allows for any specific concerns and questions you may have.
When the day arrives of giving your evidence, dress comfortably and smart, arrive in plenty of time.
When you arrive at the court you will have to go through court security first (a bit like airport security – you will be searched, bag, jacket) which can take time if court is busy, specifically, first thing in the morning when everyone is arriving at court.
Make sure to take your citation with you to court and report to the main reception desk where court staff will direct you to the appropriate area/witness room where you will wait until you hear your name being called by court staff. Be prepared for a wait!
When the court is ready for you to give your evidence, you will hear your name being called by a court official who will take you to the court room, once inside the court room they will direct you to the witness box where you will remain standing to give your evidence (unless you are unable to do so due to medical reasons). You will then be asked to take the oath or affirm by the Sheriff or Judge and questioning will then begin with the Procurator Fiscal/Advocate Depute who will address you first.
The aim of this document is to inform and advise NHS Greater Glasgow and Clyde staff on the Scottish Hospitals Inquiry. It outlines the Public Inquiry process, gives advice on how staff can prepare and where staff can find support.
Taking part in a Public Inquiry can be stressful. Staff can find their actions questioned and challenged in an environment that can feel alien. Making sure that all staff understand what is involved will help our staff and help the Inquiry establish what happened.
NHS Greater Glasgow and Clyde (NHSGGC) is fully committed to supporting staff through the Scottish Hospitals Inquiry. Appendix 1 has details on the type of support available and how to access this support.
2. The Scottish Hospitals Inquiry
Background
In November 2019, the Cabinet Secretary for Health and Sport, Jeanne Freeman, announced in the Scottish Parliament that a Public Inquiry would be held to examine issues at the Queen Elizabeth University Hospital Campus (QEUH) (which includes the Royal Hospital for Children) and the Royal Hospital for Children and Young People (RHCYP) and Department of Clinical Neurosciences (DCN), following concerns about patient safety and wellbeing, in order to determine how issues relating to ventilation, water and other key building systems gave rise to those concerns, how they occurred and what steps could be taken to prevent such issues arising in future projects.
The Scottish Hospitals Inquiry (‘the Inquiry’) is a Public Inquiry, set up under the Inquiries Act 2005. Lord Brodie was appointed as the Chair of the Inquiry with effect from 28 November 2019 and the Inquiry work commenced on 3 August 2020. The Terms of Reference of the Inquiry, which specify its remit and the issues it is examining in more detail, were published on 15 June 2020 (Appendix 2). There have been five diets of evidential hearings, commencing in September 2021.
What is a Public Inquiry?
A Public Inquiry is a formal, independent review relating to particular events which have caused or have potential to cause public concern, or where there is public concern that particular events may have occurred. It is inquisitorial in nature, not adversarial. The aim of a Public Inquiry is to help to restore public confidence in systems or services by investigating the facts through consideration of documentary and witness evidence, to determine what happened and help prevent recurrence. The outcome of a Public Inquiry is the production by the Chair, with input from the Inquiry Team, of a report which details key findings of fact and makes recommendations. It is not the purpose of a Public Inquiry to determine issues of civil or criminal liability.
NHSGGC is a Core Participant at the Inquiry. This designation affords the Board the opportunity to have more active involvement in the Inquiry process, including enabling its legal representatives to: make opening and closing statements (where permitted by the Chair); ask questions of witnesses giving oral evidence (where permitted by the Chair); and receive early sight of, and in some circumstances comment on, certain Inquiry documentation.
Format of the Public Inquiry
The Inquiry Team gathers evidence in the form of statements and documents, considers that evidence and prepares for hearings at which the evidence is tested.
The first formal hearing of the Scottish Hospitals Inquiry was held on 22 June 2021 remotely, in line with COVID-19 restrictions. This was a short hearing where Lord Brodie set out arrangements for the hearings commencing in September.
The first diet of oral hearings was conducted over the course of five weeks, between 20 September and 5 November 2021. Evidence from patients and their families was heard about their perceptions of the impact on patient safety and care from issues arising in relation to ventilation, water and drainage and other matters, and the communication with patients and their families in relation to those issues.
A further diet of hearings took place in May 2022, where the Inquiry focused primarily on ventilation and other matters relating to the project governance and funding model at the RHCYP and DCN.
Hearings in respect of the RHCYP and DCN were conducted over a two-week period, commencing on 24 April 2023, which considered the procurement exercise for the Edinburgh project.
Thereafter, a further diet of hearings relating to the QEUH commenced on 12 June 2023 for a period of two weeks. The purpose of that hearing was to allow the Chair to hear evidence on the perspective from clinicians and nurses working at the QEUH, following on from the evidence of patients and families heard in September 2021.
The third and final hearing in relation to the RHCYP and DN commenced on 26 February 2024 for a period of three weeks, which focused on the reasoning behind the decision not to open the hospital in 2019 and to open in 2021 instead.
A third hearing in relation to the QEUH has been set down for 19 August 2024 for a period of 12 weeks, which will focus on water and ventilation systems and infection at the QEUH.
3. Statements
Appendix 1 has information on the support available to staff who have been asked to provide a statement.
Investigations continue to be carried out by the Inquiry Team. This involves reviewing all relevant paperwork, notes and records; and interviewing individuals with knowledge of the circumstances surrounding the issues in relation to adequacy of ventilation, water contamination and other matters which arose in the construction and delivery of the hospital(s). There are also investigations relating to the response to emerging issues related to infections of patients at the QEUH after it was opened.
You may be asked by the Inquiry team to provide a witness statement, in which case you will be contacted by a named team member from the Inquiry Team’s Witness Engagement and Support Team either to arrange a suitable time for an interview appointment or to let you know that they intend to issue a questionnaire to you in the first instance, prior to arranging a meeting. When asked to attend for an interview, your named team member will confirm the interview details in writing,
to arrange a suitable time for an interview appointment. Your named team member will confirm the interview details in writing, provide the name of the person who will conduct the interview, and will also ensure that you understand what is involved in providing evidence, giving statements and attending hearings.
You may have somebody present with you at this meeting, such as a work colleague, friend, official from your Trade Union or Professional Organisation, or a solicitor from the NHS Central Legal Office’s (“CLO”) dedicated Scottish Hospitals Inquiry team (which is acting for NHSGGC in the Inquiry). It is recommended that whoever accompanies you is not themselves likely to be asked to provide a statement. The recommendation is that a solicitor from CLO attends with you to provide as full legal support as possible.
However, if you would prefer to be accompanied by an independent solicitor, the Inquiries Act 2005 allows for the possibility of an award of funding for legal representation for witnesses; applications for funding for legal representation must be approved in advance. There is further information on this on the Inquiry website and you would have to speak with the Inquiry’s witness support team about this.
You can arrange a meeting with the Inquiry team during your work time but, if you wish to do so, you must inform your Line Manager to organise your work pattern and arrange cover if required.
Preparation
It is important that, if you are asked to provide a witness statement, you review and are familiar with relevant records, case notes and documentation. The Inquiry team will inform you in advance of the issues about which you will be asked, as well as providing you with copies of the documentation you may be asked about.
Interviews
If you have been asked to provide a witness statement, you will also be informed of the location of the interview, or whether it will be appropriate to take the statement remotely.
There are likely to be two members of the Inquiry team in attendance, who will take your statement. Giving a witness statement may take some time. The statement takers will allow regular breaks, but you should feel free to ask for breaks whenever you want. If a meeting is likely to last a long time, the interview will be spread over more than one day. Consider making your own notes of the interview; this will help in remembering what was said when you receive the draft statement of your interview.
You will have the opportunity to get support from the NHSGGC Witness Service and/or CLO before you give a statement to the Inquiry Team. See Appendix 1.
Signing the Statement
After your interview, you will receive a draft copy of your witness statement. This must be read thoroughly, and any changes, additions or deletions can be made at this stage. You should sign the statement once you are satisfied that it accurately reflects your evidence. You may be asked to provide electronic verification in place of a signature, if the process is taking place remotely. Once the statement is signed, it then becomes your evidence to the Inquiry. If you subsequently wish to say something more, you can make a further statement.
4. Appearing as a Witness
Any individual who has been interviewed and provided a statement to the Inquiry Team may then be called as a witness at the Public Inquiry. However, in many cases, a witness’ statement will be sufficient and they will not also be required to give evidence at a hearing. Appendix 1 has information on the support available to staff who have been called to appear as a witness.
Statements
Shortly before a witness gives evidence at the hearings his/her statement will be published on the Inquiry website. A witness’ personal details (i.e. address and date of birth) and signature will not be published.
Called as a witness
If you are called to give evidence, it is important that you prepare for this by:
Reviewing all personal notes and files.
Familiarising yourself with the hearing surroundings by viewing the film of the venue provided by the Inquiry Team in advance.
Being prepared for media interest in the lead up to the hearing and at the hearing venue. See Section 6 for media advice.
Being aware that you may have to wait at the hearing venue before you are called as a witness.
Giving Evidence
When called to give evidence, a witness must take an oath, or affirm, declaring that they will tell the truth at all times. Listen carefully to the questions you are asked and take time to consider your response. Do not feel pressured to give a “yes” or “no” response and be ready to explain your view. If you can’t remember the date of an event or don’t know the answer to a question, say so – don’t try to guess. If a question has multiple parts, break down your answer. If you are unsure of the question, ask for it to be repeated.
Generally, you will be questioned on who you are, your qualifications and experience, and your place of work before going on to the circumstances surrounding the issues in relation to adequacy of ventilation, water contamination and other matters which arose in the construction and delivery of the QEUH as well as issues which emerged after its opening. Be calm, courteous and honest. Remain objective, and do not get personal. Speak clearly and concisely, and be ready to confirm your evidence from notes taken at the time, or by reference to your witness statement. If your role is a central one, be prepared for a possible lengthy session in the witness box which may last several hours.
What are key things to remember in giving evidence?
Do:
prepare in advance
be fully familiar with the issues in the case
give detailed and relevant answers
say if you cannot remember
be alert and astute to the atmosphere in the venue
direct your answers to the Chair, even though counsel to the Inquiry is asking the questions: the Chair is the decision maker
be clear in what you say and speak loudly enough for the Chair and Counsel to the Inquiry to hear you
be ready and willing to expand and explain your answers if requested
be ready and willing to see the argument in opposing views but be firm and clear about your own evidence
be prepared for delays
be aware this is a formal proceeding and dress appropriately
try to remain calm and not react emotionally
try to avoid appearing defensive, impatient or argumentative
stick to the facts – don’t make assumptions about what other people did or did not do
try to avoid jargon, medical or hospital language that others may not understand.
5. Conclusion
Once all of the evidence has been taken, Lord Brodie will close the Inquiry to consider his determination. The Inquiry is required to report to the Scottish Ministers, making recommendations identifying any lessons learned as soon as reasonably practicable. The Inquiry will end when Lord Brodie has submitted his report to the Scottish Ministers.
6. Media
Public inquiries are open to the public and the media. Witness statements will be posted on the Inquiry website when witnesses are called to give evidence, so the media will have access to materials during each stage of the Inquiry hearings. This could lead to witnesses being quoted in media reports when appearing at the Inquiry.
While newspaper and broadcast media would normally attend a public inquiry, numbers of attendees are restricted at the Inquiry premises. Therefore, reporting on the hearings will largely be done remotely and proceedings are being live-streamed on the Inquiry’s YouTube channel. The hearings will be available to watch again following the hearing. Transcripts of the hearings will also be published following the hearing, unless any contrary order or restriction notice is in place.
6.3 The Inquiry has measures in place to ensure that witnesses to the Inquiry are not approached by the media within the Inquiry premises. Should you be approached by a journalist outside the Inquiry premises, there is no obligation for you to make comment. The media may also take photographs of witnesses arriving at or departing from the Inquiry.
The NHSGGC Communications team is on hand to advise and support you if you are in any doubt about what to do if contacted by the press. They can be contacted by telephone, 0141 201 4429, or email, press.office@ggc.scot.nhs.uk 24 hours a day.
7. Expenses
Staff called to give evidence at the hearing may be entitled to travelling expenses and subsistence allowances. Further information can be found in Appendix 3.
8. Compellability
All staff asked to provide evidence, a statement or appear as a witness will receive a formal request to do so and your cooperation is appreciated. If a member of staff refuses this request, Lord Brodie has the power to apply for an Order from the Court of Session requiring a witness to provide evidence, a statement or appear as a witness, failing which they may be found to have committed a criminal offence.
9. Further Information
Further information on the Scottish Hospitals Inquiry can be found on the Inquiry website: www.hospitalsinquiry.scot
NHS Greater Glasgow & Clyde is fully committed to providing support to all staff who may be involved in the Scottish Hospitals Inquiry.
Witness Support
NHS Greater Glasgow & Clyde Legal Office operates a “Witness Service” that offers support and guidance to all witnesses asked to give evidence at a hearing. The service they can provide which would be helpful to any NHS staff member if required is:
Practical help
Information on Inquiry procedures
Guidance regarding further support
A listening ear for your anxieties/concerns
Staff who have used this service in the past have found it to be very helpful. If you are invited to give a statement/evidence and would like some support from this service, please contact Rachel McGowan, 07583 121674 or rachel.mcgowan@ggc.scot.nhs.uk
Alternatively, you can ask your trade union or professional organisation for support.
Occupational Health Service
The Occupational Health service is available to offer additional advice and support if required. You can contact them in the following ways:
To arrange an appointment with the OH Counselling service please call: 0141 201 0600 – Lines are open Monday to Friday 8.00am until 5.00pm.
To speak to an Occupational Health Nurse please call our telephone advice line on 0141 201 0594 Lines are open Monday to Friday 8.00am until 5.00pm.
To speak to a member of the OH Psychology Staff Support Service please call 0141 277 7623 Lines are open Monday to Friday 8.00am until 5.00pm.
Alternatively, you can email your enquiry to the Occupational Health Department via our generic email address and a member of the team will get back to you as soon as possible: Occupational.Health@ggc.scot.nhs.uk
Debriefing
Once the Scottish Hospitals Inquiry hearings are over, all staff involved will have the opportunity for debriefing.
Appendix 2 – Remit and Terms of Reference
Remit
The overarching aim of this Inquiry is to consider the planning, design, construction, commissioning and, where appropriate, maintenance of both the Queen Elizabeth University Hospital Campus (QEUH), Glasgow and the Royal Hospital for Children and Young People and Department of Clinical Neurosciences (RHCYP/DCN), Edinburgh. The Inquiry will determine how issues relating to adequacy of ventilation, water contamination and other matters adversely impacting on patient safety and care occurred; if these issues could have been prevented; the impacts of these issues on patients and their families; and whether the buildings provide a suitable environment for the delivery of safe, effective person-centred care. The Inquiry will make recommendations to ensure that any past mistakes are not repeated in future NHS infrastructure projects. The Inquiry will do this by fulfilling its Terms of Reference.
Terms of Reference
To examine the issues in relation to adequacy of ventilation, water contamination and other matters adversely impacting on patient safety and care which arose in the construction and delivery of the QEUH and RHCYP/DCN; and to identify whether and to what extent these issues were contributed to by key building systems which were defective in the sense of:
a) Not achieving the outcomes or being capable of the function or purpose for which they were intended;
b) Not conforming to relevant statutory regulation and other applicable recommendations, guidance and good practice.
To examine the arrangements for strategic definition, preparation and brief and concept and design, including the procurement, supply chain and contractual structure adopted for the financing and construction of the buildings, to determine whether any aspect of these arrangements has contributed to such issues and defects.
To examine during delivery of QEUH and RHCYP/DCN projects:
a) Whether the Boards of NHS Greater Glasgow & Clyde and NHS Lothian put in place governance processes to oversee the projects and whether they were adequate and effectively implemented, particularly at significant project milestones;
b) Whether operational management provided by the Boards of NHS Greater Glasgow and Clyde and NHS Lothian was adequate and effective for the scale of such infrastructure projects;
c) The extent to which decision makers involved with the projects sought and facilitated the input and took account of the advice and information provided by, or available from, the clinical leadership team; infection control teams; estate teams; technical experts and other relevant parties to ensure that the built environment made prior provision for the delivery of clinical care;
d) Whether, the organisational culture within the Boards of NHS Greater Glasgow and Clyde and NHS Lothian encouraged staff to raise concerns and highlight issues in relation to the projects at appropriate times throughout the life cycles of the projects;
e) Whether failures in the operation of systems were a result of failures on the part of the individuals or organisations tasked with specific functions.
To consider whether any individual or body deliberately concealed or failed to disclose evidence of wrongdoing or failures in performance on inadequacies of systems whether during the life of projects or following handover, including evidence relating to the impact of such matters on patient care and patient outcomes; and whether disclosures of such evidence was encouraged, including through implementation of whistleblowing policies, within the organisations involved.
To examine whether, based on the governance arrangements in place, national oversight and support of such a large-scale infrastructure projects was adequate and effective and whether there was effective communication between the organisations involved.
To examine, during the life cycle of the QEUH and RHCYP/DCN projects, how the Boards of NHS Greater Glasgow and Clyde and NHS Lothian secured assurance and supporting evidence that:
a) All necessary inspection and testing had taken place;
b) All key building systems had been completed and functioned in accordance with contractual specifications and other applicable regulations, recommendations, guidance and good practice and;
c) Adequate information and training were provided to allow end-users effectively to operate and maintain key building systems.
To examine what actions have been taken to remedy defects and the extent to which they have been adequate and effective.
To examine the physical, emotional and other effects of the issues identified on patients and their families (in particular in respect of the environmental organisms linked to infections at the QEUH) and to determine whether communication with patients and their families supported and respected their rights to be informed and to participate in respect of matters bearing on treatment.
To examine the processes and practices of reporting healthcare associated infections with QEUH and determine what lessons have been or should be learned.
To examine whether the choice of sites was appropriate or gave rise to an increased risk to patients of environmental organisms causing infections.
To examine whether there are systematic knowledge transfer arrangements in place to learn lessons from healthcare construction projects and whether they are adequate and effective.
To examine whether NHS Lothian had an opportunity to learn lessons from the experience of issues relating to ventilation, water and drainage systems at the QEUH and what extent they took advantage of that opportunity.
To report to the Scottish Ministers on the above matters, and to make recommendations identifying any lessons learnt to ensure that any past mistakes are not repeated in any future NHS infrastructure projects, as soon as reasonably practicable.
Appendix 3 – Expenses
Expenses forms and guidance can be found on HR Connect at the following links:
Members of staff who are registered car users should complete a paper expenses form with details of travel to the hearing venue and this would be reimbursed at the public transport rate of 24p per mile.
Members of staff who use their own car to travel (and are not registered as a car user) are also entitled to claim public transport rate of 24p per mile and should also complete a paper expenses form.
Public Transport
Members of staff who use public transport to get to the hearing venue should retain their receipts and attach to a completed an expenses form in relation to daily expenses.
Lunch
Members of staff who are away from their usual workplace and are not close to NHS dining facilities over lunchtime are entitled to claim a subsistence allowance up to £5.00.
Expenses Forms
Refer to the guidance for instructions on how to complete the expenses form. Once authorised by local management, completed forms and receipts should be forwarded to:
Expenses Team Caledonia House 140 Fifty Pitches Road Cardonald Business Park Glasgow G51 4EB
Queries
If you have any questions about claiming expenses or completing an expenses form, please contact eexpenses@ggc.scot.nhs.uk
Just off St Andrew Square, the venue is close to Waverley train station, Edinburgh bus station and has good tram links. No car parking is available at the venue.
Going to Court as part of your NHS profession is more common for some staff than others. This site offers some key things to consider when you are cited as a witness, providing some details around the various legal cases some NHS staff could be called to attend.
It is important to keep in mind that witnesses play a key role by giving information in court. The courts need witnesses to give evidence so that they can build up a picture of the facts surrounding the case allowing the court to come to a decision/verdict. Understandably, witnesses can feel intimidated and anxious about the prospect of attending court and hopefully this site will help answer some questions you may have at this time.
What is Witness Support?
Preparation is essential when you are being called as a professional witness. Witnesses have to prepare themselves professionally for Court by reviewing all relevant documents, notes relative to their involvement. The more they prepare the more beneficial and less daunting it should be when the time comes to take the witness stand in court.
Witness support is practical, emotional support and guidance on court and legal process. Witness Support is not coaching or influencing witnesses on how to give your evidence but helping you become more prepared, confident and familiarised in the legal process you are about to embark. Sometimes, the gap between giving a witness statement/precognition statement and a trial/hearing date being set can take many months or years, depending on the type of case. Therefore, use that time to prepare and familiarise yourself with relevant medical notes/investigation reports ensuring you have all the support you need professionally and emotionally to assist and guide you through what can be a stressful and sometimes worrying time for NHS staff.
As a starting point, have a read over the site content and familiarise yourself with the appropriate sections, for example, if you are being cited in respect of a Criminal Trial, have a read over Cited to a Criminal Trial section first and then section around court attendance/court visit – Attendance at Court & Court Familiarisation Visit. This will give you some practical information and guidance and a good starting point in aiding your preparation for Court.
NHS Staff may be cited at some point in their professional career in relation to cases such as:-
Public Inquiry (for the Scottish Hospitals Inquiry – please see guidance and FAQs)
Litigation cases – Personal Injury/Medical Negligence Claims
One to one practical and emotional support to listen and address your specific concerns and/or questions
Group Support – at times, various staff from one ward/department may be cited
Q & A sessions covering expectations of witness
Working in collaboration with external agencies such as Witness Service, Victim Information and Advice (VIA), NMC enabling a dedicated staff centred approach for NHS witnesses
Court Familiarisation visit in advance of trial (subject to COVID restrictions)
Support in court on day of giving your evidence (subject to COVID restrictions)
A dedicated point of support and guidance to you throughout the legal process aiding in your preparation and familiarisation of court and legal process.
Practical information around court processes and expectation of witnesses
Please read over the appropriate pages linked to the side relating to the type of case you are cited to attend. If further support is required, please get in touch with Rachel McGowan or your appropriate Legal Claims Manager for your area if matters relate to a legal claim against the Board.
The Witness Support and Corporate Legal Manager is based at West Glasgow ACH.
Please note: Witness Support is not coaching, influencing or tactical support and advice for attending Court. Witness Support offers reassurance for NHS staff who have been cited to attend Court.
The following videos highlight the support available to NHSGGC staff around Fatal Accident Inquiries (FAI) and Sudden and Unexpected Death Investigations (SUD)
Privacy Notice
As part of our requirements under Data Protection legislation, we have published a Staff Privacy Notice. By issuing this privacy notice, we demonstrate our commitment to openness and accountability.
We recognise the need to treat staff’s personal and sensitive data in a fair and lawful manner. No personal information held by us will be processed unless the requirements for fair and lawful processing can be met.
Contact Information
Rachel McGowan, Witness Support and Corporate Legal Manager based at West Glasgow ACH. Working as a Witness Support and Corporate Legal Manager involves me working closely with a wide variety of clinical and non-clinical staff across the organisation in relation to various legal cases on behalf of the Board.
If you have been asked to attend a Scottish Hospitals Inquiry oral hearing, this short video will provide you with an overview of the hearing room before you arrive.
The reporting of accidents and incidents within NHSGGC will enable the safety performance of the organisation to be monitored and allow statistics relative to the accidents and incidents occurring to be compiled. These statistics will provide information about the hazards that employees, patients, visitors and others encounter on Division premises and ensure that suitable precautions can be taken to minimise these hazards and prevent a recurrence of an incident that has already caused or could potentially cause injury.
The incident report is a primary tool for collecting data about an incident, analysing the data and translating the information into a strategy for change.
Definitions
Incident
Any unplanned event that has resulted in, or could result in, injury or ill health to people, damage to or loss of property, plant or materials. This would apply to all people on hospital property including patients, staff and visitors. This definition takes account of the usual accident where personal injury results, and of near miss reporting where an incident could have resulted in injury and includes any act of non-consensual physical violence or verbal abuse.
Near Miss
As a result of chance or intervention the outcome could have lead to harm but on this occasion it did not. Reporting a near miss is just as important as reporting an actual incident. Near misses indicate difficulties that may be due to incorrect or missing procedures being in place. It is important that these are recorded. Although staff may only see an isolated incident within their area, this may have wider implications.
If you wish to report an incident, please click here. (Only available when logged into NHSGGC)
RIDDOR Reporting
Reportable incidents
Incidents fall into the following categories:
Death
Specified injury
8 stated categories of Occupational Diseases
A dangerous occurrence
over 7 day injury to an employee
Death or major injury to a person not at work.
Specified Injuries
The list of ‘specified injuries’ in RIDDOR 2013 includes:
A fracture, other than to fingers, thumbs and toes
Amputation of an arm, hand, finger, thumb, leg, foot or toe
Permanent loss of sight or reduction of sight
Crush injuries leading to internal organ damage
Serious burns (covering more than 10% of the body, or damaging the eyes, respiratory system or other vital organs)
Scalpings (separation of skin from the head) which require hospital treatment
Unconsciousness caused by head injury or asphyxia
Any other injury arising from working in an enclosed space, which leads to hypothermia, heat-induced illness or requires resuscitation or admittance to hospital for more than 24 hours.
Reportable Occupational Diseases
This includes:
Carpal tunnel syndrome
Severe cramp of the hand or forearm
Occupational dermatitis
Hand-arm vibration syndrome
Occupational asthma
Tendonitis or tenosynovitis of the hand or forearm
Any occupational cancer
Any disease attributed to an occupational exposure to a biological agent.
NB Where an employee who sustains a high risk needlestick injury subsequently sero-converts to a reportable disease, a RIDDOR Reportable Disease report will require to be submitted in addition to the report of the Dangerous Occurrence
Dangerous occurrences
These are certain, specified ‘near-miss’ events (incidents with the potential to cause harm.) Not all such events require reporting. There are 27 categories of dangerous occurrences that are relevant to most workplaces, for example:
The collapse, overturning or failure of load-bearing parts of lifts and lifting equipment
Plant or equipment coming into contact with overhead power lines
Explosions or fires causing work to be stopped for more than 24 hours
An employee is injured by a sharp known to be contaminated with a blood borne virus.
Over seven day injuries
Only when they occur at work – over seven day injuries, not counting the day of the accident but including weekends and rest-days, which result in an employee being away from work or unable to do their normal duties for more than seven days (including non-working days).
Injuries to non-workers
If the accident occurred at a hospital, the report only needs to be made if the injury is a ‘specified injury’ (see above).
Staff can be identified as being lone workers if their working activities involve periods of time where they are without any kind of close or direct supervision, or in contact with any other colleagues. The NHSGGC Policy on Lone Working provides further guidance on identifying lone workers.
When a manager identifies that they have staff who are lone workers, a risk assessment is required to identify the risks involved and any measures to control the risks. Guidance on undertaking a lone worker risk assessment can be found in the NHSGGC Lone Worker Policy. There are many potential control measures, of which one is the lone worker support service, currently provided by Reliance Protect.
This service uses a specialist Lone Worker Device. If the lone worker’s safety is compromised, they can discreetly use the device to summon support and/or emergency assistance.
This service should only be considered after undertaking a lone worker risk assessment in conjunction with the guidance provided within the NHSGGC Lone Worker Policy. If the Lone Worker Support Service is identified as a potential control measure, this should be discussed and agreed with the appropriate budget holder who will be paying for the service.
If the services require additional lone worker devices please contact the Health & Safety Service in the first instance.
Guidance
Guidance
Guidance presentation used during training for using the Lone Worker Support Identicom Device.
An escalation protocol outlines how a service will use the lone worker support service and details what to do in the event an alert is raised by a lone worker. An example protocol is provided here.
Champions Training
These sessions are for those identified by managers as staff who will provide support and help with managing the use of the Dedicated Lone Worker Devices issued by Reliance Protect. Training sessions, further information and nominations are available on request.
Make changes to lone worker details associated with a device
Changes to details associated with a device – all changes should be notified directly to Reliance Protect’s customer service department using servicedesk@reliancehightech.co.uk or 0800 840 7121 (Option 1). This includes changes to a lone workers personal details, for example, car registration, personal mobile; or work details, for example, work mobile phone or managers details. Both the lone work and the manager named at the top of the escalation form associated with the group can make these changes.
Make changes to escalation form details
Changes to escalation form details associated with a lone working group should benotified directly to Reliance Protect’s customer service department using to servicedesk@reliancehightech.co.uk or 0800 840 7121 (Option 1). This includes changes to lone workers on the form and contact details of any of the escalation point. The manager named at the top of the escalation form associated with the group can make these changes. Any requests must include the email addresses of any persons that the change relate to.
Make changes/additions to managers
Changesassociated with an escalation form should be notified directly to Reliance Protect’s customer service department using servicedesk@reliancehightech.co.uk or 0800 840 7121 (Option 1). The Manager named at the top of the escalation form receives the monthly reports directly from Reliance Protect and can make changes to the form. The manager can add additional ‘managers’ to the group/escalation form. Any requests must include the email addresses of any persons that the change relate to.
When a lone worker leaves employment
When a lone worker leaves employment, the device should be retained by the manager and re-assigned to their replacement. Reliance Protect should be contacted directly to inform them of this change to both the lone workers details associated with the device and the escalation form. Contact Reliance Protects customer service department using servicedesk@reliancehightech.co.uk or 0800 840 7121 (Option 1)
I need a replacement part/accessoryfor the device
For example, a new pin, lanyard or charger. These are available at extra cost and should be ordered from Reliance High Tech using a non-stock order form. Ensure the order form is clearly marked ‘Lone Worker device accessory’ and the supplier is ‘Reliance High Tech’.
Additional Information
For further information, contact Health and Safety through the internal email system or through the main HR contact number 0141 278 2700.
Respiratory Protection (FFP3 Masks)
FFP3 Masks
The need for FFP3 Mask (oral nasal disposable mask respiratory protection) to be worn is identified through clinical risk assessment. The mask is used to protect against respiratory borne pathogens. To use these masks, relevant staff must be ‘face fit tested’ to ensure that they can achieve a suitable face fit of the mask and that it operates at the required efficiency.
The following documentation is used specifically in relation to face fit testing:
After checking, if you believe a fit test record is not on eESS that should be, please contact the Health and Safety Service: wig-movhan736@ggc.scot.nhs.uk.
FFP3 Mask Supply
Prior to the onset of COVID-19, NHSGGC fit tested to 3 masks – Alpha Solway 3030V and S-3V; and, the 3M 1863+. In early March 2020, significant challenges to worldwide supplies of FFP3 disposable masks occurred and as a result a number of different FFP3 masks were sourced and introduced.
Changes to mask availability due to the above, is likely to continue to occur during the next few months of 2020 and as such the Face Fit Test flow chart below identifying which masks should be fit tested against and are available, will be updated regularly
On completing the fit test, the record will be emailed to both the testee and the tester for reference and record keeping
Fit test records will be uploaded on a regular basis to eESS OLM. The record can be found within a course entitled ‘PPE – FFP3 Mask’ in the Health and Safety category and viewed by both the testee and their direct line manager.
Guidance Documents
Guidance including for donning and fit checking an FFP3 mask is provided below:
A Powered Air-Purifying Respirator (PAPR) is a type of respirator used to safeguard workers against contaminated air. PAPR consists of headgear and a fan which takes air from the surrounding environment, passes it through a filter and delivers it through a hose to the users face via the hood.
Within NHSGGC the need for respiratory protection to be worn is identified through clinical risk assessment. The first choice control measure is an FFP3 mask to which staff must be face fit tested, to ensure a tight seal is achievable. Staff will only be considered for PAPR if no available FFP3 masks are suitable for them and they are required to undertake / work in Aerosol Generating procedures/environments.
If you have been identified as requiring PAPR you will require to undertake learning, complete a self assessment and be competency assessed by GGC PAPR trainers, to ensure you are competent to Don, Operate, Doff, Decontaminate and Maintain/Manage the system. If you are assessed as competent to use PAPR safely, you will be enabled to use the system during AGP work activities. PAPR must be stored at your place of work.
The head gear will always be specific to you, however the rest of the system, fan unit, hose, belt, battery and charger may be used by multiple people. Arrangements for how and where to store the PAPR and the designated areas to put on and take off the system will be explained to you by your line manager prior to you using the equipment for AGP activities.
Training in PAPR will be specific to the PAPR system you will be issued, that is, after the training you will only be able to use the specific make and model you have been trained on and issued with.
Actichlor Plus usage guide – Blood Spills **New 26th Jan 2021**
Actichlor Plus usage guide – General Use – **New 26th Jan 2021**
Checklists
A step by step guide relating to the management process, including how to use the documentation below, for staff who have received training in the use of PAPR within NHSGGC, can be found here
Pre-use checklist – this must be completed and signed prior to every use of the PAPR system and kept within the box where the PAPR is stored – ** Updated 28th Jan 2021**
Filter change record – filters are valid for 1 month after opening. The date of opening must be recorded on this record and kept within the box where the PAPR is stored.
Monthly checklist – this must be kept with the pre-use checklist and completed every month when the PAPR has not been used
Box Poster – This poster should be completed and stuck to the box that contains the PAPR unit.