The Research and Innovation Service in NHS Greater Glasgow and Clyde operates to support researchers in the NHS and academia. It has multiple roles including offering consultancy and advice, providing Management Approval and aiding in the achievement of a successful conclusion to research projects.
Our goal is to release the potential to world class clinical studies across the region, and to play our part in enabling Scotland to grow as an internationally competitive location for medical research.
The Research and Innovation management office acts as a catalyst for discovery and innovation within NHSGGC. We have a ‘can-do’ attitude, striving to support both experienced and new researchers in the design and execution of high quality research studies and ensure compliance to all regulatory requirements.
As the busiest Research and Innovation office in Scotland, we received in excess of 640 new research applications in 2024 and have approximately 1000 studies ongoing at any one time.
To ensure consistency of contact, and to help develop an in-depth understanding of therapy area-specific research projects, the NHSGGC Research and Innovation Management office has adopted a ‘portfolio-team’ structure. The portfolio teams form the functional core of Research and Innovation and are comprised of Research Co-ordinators, Research Facilitators, Co-ordinator’s Assistants and clerical support staff.
NHS Greater Glasgow and Clyde’s staff are our most valuable resource. By ensuring we have good recruitment practice that will make a significant contribution to ensuring we promotes a culture of person-centred care, placing the patient at the heart of everything we do.
We are committed to attracting the highest calibre of job applicants through a fair and consistent recruitment process, treating all our candidates fairly to ensure we recruit the best person for each vacancy.
We endeavour to ensure that we do not discriminate during any stage of the recruitment process and in particular comply with the Equality Act 2010 which makes it illegal to discriminate against protected characteristics i.e. age, disability, sex, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sexual orientation.
We also ensure personal information is removed from application forms prior to short listing and Equal Opportunities information is used for monitoring purposes only. We also ensure that objective selection criteria are used, to ensure that appointments are made on merit. No one will be disadvantaged by recruitment and selection methods that cannot be objectively justified as reasonable.
The recruitment and selection of NHS Greater Glasgow and Clyde staff is the responsibility of our managers (Hiring Managers).
Our Recruitment Service aims to ensure NHS Greater Glasgow and Clyde hiring managers are supported to provide an effective, consistent and timely approach in carrying out recruitment and selection processes. By working closely with our Recruitment Team hiring managers can be assured that they are operating within current employment legislation, best practice and most importantly they make safe recruitment decisions .
The Recruitment Service is committed to:
Ensuring Hiring managers have access to a clear and robust framework of processes and procedures which underpin each stage the recruitment and selection of NHS Greater Glasgow and Clyde staff
Ensuring we provide a high quality recruitment administration and guidance service which promotes best practice within employment legislation and meets the needs of all NHS clinical and non clinical staffing groups and grades
Ensuring we appoint the best candidate for each post
Ensuring we make available internally and externally to NHS Greater Glasgow and Clyde the full range of career opportunities to attract and hire the very best candidates from a diverse, wide and skilled pool of job applicants.
By signing the Armed Forces Covenant, NHSGGC has pledged its commitment to being a Forces Friendly Employer. We support applications from across the Armed Forces Community, recognising military skills, experience and qualifications during the recruitment and selection process.
Work for Us
Working at NHS Greater Glasgow and Clyde
You can view our current vacancies, access candidate information packs and find links to application and recruitment guidance by visiting our NHS Scotland vacancy website.
This is a statutory public inquiry set up under the Inquiries Act 2005 to investigate the construction of the Queen Elizabeth University Hospital Campus, Glasgow (which includes the Royal Hospital for Children) (the “QEUH”), and the Royal Hospital for Children and Young People and Department of Clinical Neurosciences, Edinburgh (the “RHCYP”), following concerns about patient safety and wellbeing, in order to determine whether 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.
2. What is the Inquiry looking into?
The remit sets out that the Inquiry is to report on certain questions and to make recommendations to ensure that any past mistakes are not repeated in future NHS infrastructure projects.
The Terms of Reference of the Inquiry specify its remit and the issues it is examining in more detail.
3. Who is conducting the Scottish Hospitals Inquiry?
Lord Brodie, who is the Chair of the Inquiry, is responsible for the direction and manner of the Inquiry. He acts in an independent capacity. A Public Inquiry is inquisitorial in nature, not adversarial, so the Chair performs more of an examining role than a judge would in court proceedings.
4. 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. 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.
5. What is the outcome of a Public Inquiry?
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 for the future. The Chair cannot make any findings of civil or criminal liability, nor can he award any compensation.
6. Is the Scottish Hospitals Inquiry directed at my actions?
It is the role of the Inquiry Team to gather evidence from varied sources, including witness evidence from individuals with knowledge of the relevant circumstances. You may be asked to provide a witness statement to assist the Inquiry Team with its investigations (see Q14. below). However, the findings and recommendations detailed in the Chair’s report will be directed towards NHSGGC and not at particular individuals.
7. What is the format of the Scottish Hospitals Inquiry?
The principal sources of evidence will be written statements submitted to the Inquiry by witnesses and documents recovered during the course of investigations by the Inquiry Team, as supplemented by oral evidence where the Chair considers that necessary.
8. When are the Inquiry Hearings being held?
Six formal hearings have been conducted since the commencement of the Inquiry:
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. At this hearing, evidence from patients and their families in respect of QEUH was heard about their perceptions of the impact on patient safety and care of 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.
Hearings in respect of the RHCYP 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 two weeks, the purpose of which was to allow the Chair to hear evidence on the perspective from clinicians, nurses and managers working at the QEUH and the RHC, following on from the evidence of patients and families heard in September 2021.
The third and final hearing in relation to the RHCYP Edinburgh 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.
9. Where are the Inquiry Hearings held?
The Inquiry premises are at: 20 West Register Street, Edinburgh, EH2 2AA. A map of the venue location can be found here: 20 W Register St – Google Maps.
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.
The venue has been prepared for the hearings with ongoing Covid-19 restrictions and safety measures in place.
10. Are the hearings public?
Public inquiries are open to the public and the media. However, numbers of attendees at the Inquiry premises are restricted. Therefore reporting on the hearings is largely happening remotely and proceedings are being live-streamed on the Inquiry’s YouTube channel.
11. Can I catch up with the proceedings at a later date?
The hearings will be available to watch on the Inquiry’s YouTube channel after the hearing. Transcripts of the hearings will also be published following the hearing, unless any contrary order or restriction notice is in place.
12. Will I be approached by the Inquiry Team to provide a witness statement?
The Inquiry Team is carrying out investigations, which include reviewing all relevant documentation 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 QEUH, as well as the response to emerging issues related to infections of patients at the hospital after it was opened.
If you have knowledge of these issues, you may be asked by the Inquiry team to provide a witness statement.
13. Do I have to provide a witness statement if requested to do so?
Yes. Lord Brodie has powers under the Inquiries Act 2005 to compel a person to give evidence to the Inquiry. If you do not comply with a requirement by the Chair, you may be found to have committed a criminal offence.
14. As a former NHS employee, do I still have to cooperate with the Inquiry?
Yes. Lord Brodie has powers under the Inquiries Act 2005 to compel any person to give evidence to the Inquiry. If you do not comply with a requirement by the Chair, you may be found to have committed a criminal offence.
15. What happens next?
If the Inquiry Team considers that if might be useful to speak to you in respect of your knowledge of these issues, 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 meeting with the Inquiry team. When asked to attend for an interview your named team member will confirm the interview details in writing, provide the name of the person who will conduct the interview, the location (or whether it will be appropriate to take the statement remotely), and will also ensure that you understand what is involved in providing evidence, giving statements and attending hearings.
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.
16. Who can I take with me to the witness interview?
You may have somebody present with you at the witness interview, 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.
17. Can I obtain separate legal representation?
NHSGGC will support you as fully as possible throughout your involvement in the Scottish Hospitals Inquiry. 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 can speak with the Inquiry’s witness support team about this.
18. What happens at the witness interview?
There are likely to be two members of the Inquiry team in attendance, who will take your statement, by asking you questions and referring you to documentation for your comment. 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.
19. Do I get a chance to see, and make changes to, my statement before it is finalised?
After attending your witness 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.
20. Will my witness statement be public and will it attract media interest?
Witness statements are published on the Inquiry website prior to witnesses being called to give evidence, so the media will have access to materials before and during each stage of the Inquiry hearings. This could lead to witnesses being quoted in media reports prior to appearing at the Inquiry.
21. Will I be called as a witness at the Inquiry?
Any individual who has been interviewed and provided a statement to the Inquiry Team may then be called as a witness at the Inquiry. However, in many cases, a witness’ statement will be sufficient and they will not also be required to give evidence at a hearing.
22. What should I do to prepare before giving evidence to the Inquiry?
If you are called to give evidence, it is important that you prepare for this by:
Reviewing all personal notes and files, as well as the documentation provided to you by the Inquiry Team in advance of giving your witness statement.
Familiarising yourself with the hearing surroundings by viewing the film of the venue provided by the Inquiry Team in advance.
Being prepared for possible media interest in the lead up to the hearing.
Being aware that you may have to wait at the hearing venue before you are called as a witness.
23. What should I expect when giving evidence to the Inquiry?
When called to give evidence, you must take an oath, or affirm, declaring that you will tell the truth at all times.
You are then likely to 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 and thereafter. It may also include your general involvement and role within meetings and decision making in relation to care of patients, communication with families, infection control or the environment.
24. What are the key tips to remember when giving evidence?
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 and do not speculate.
If a question has multiple parts, break down your answer. If you are unsure of the question, ask for it to be repeated. 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.
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 that 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
25. What happens if I am approached by a journalist?
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.
26. Is there anyone at NHSGGC I can talk to about my participation in the Inquiry?
Yes.
NHSGGC is fully committed to providing support to all staff who may be involved in the Scottish Hospitals Inquiry. NHSGGC 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 anxieties/concerns
If you would like support from this service generally, or if you are invited to give a statement/evidence, please contact Rachel McGowan, 07583 121674 or rachel.mcgowan@ggc.scot.nhs.uk
Additionally, the NHS Central Legal Office (“CLO”) is acting for NHSGGC in the Inquiry. The CLO has a dedicated Scottish Hospitals Inquiry team which is working alongside the Witness Service and can provide you with as full legal support as required, including accompanying you, if requested, to any witness interview meeting.
Of course, you may also seek support and advice from your Trade Union or Professional Organisation.
27. Am I obliged to provide a precognition to the CLO if requested to do so?
A precognition is an informal statement, used for internal purposes only, and not for wider disclosure, and is covered by legal privilege. The CLO might suggest that they take a precognition from you as part of its fact-finding phase. While you are not obliged to provide such a statement to the CLO, we would strongly advise you to do so: this process assists with building your own picture of the events to which you can speak; and if called by the Inquiry to give evidence, you must do so, so having taken the preparatory step of assimilating your recollection of matters in advance of that more formal process is hugely beneficial.
28. Will what I say to the CLO solicitors be in the public domain?
No. Any conversation you may have with a member of the CLO team is confidential and is covered by legal professional privilege, whereby written or oral confidential communications between a lawyer and a client are protected for the purpose of giving or receiving legal advice.
29. Is there anyone on the Inquiry Team I can speak to for support?
Yes. The Inquiry has set up a Witness Engagement and Support Team which is available to anyone who is a witness to the Inquiry, i.e. anyone who is either giving a witness statement, or giving evidence at an Inquiry hearing. They can provide information about what the Inquiry does and how they do it.
The witness support team can be contacted either via the NHSGGC Witness Service and/or CLO, or using the following details:
By post to: Scottish Hospitals Inquiry, PO Box 27126, Glasgow, G2 9NB.
30. If asked to provide certain documentation relating to the issues set out in the Terms of Reference by a solicitor from the CLO, should I do so?
Yes. The CLO is supporting NHSGGC in the information-gathering stage of Inquiry preparations. Part of that exercise comprises a review of documentation and an assessment of its relevance to the Inquiry’s Terms of Reference and to the specific Requests for Information which the Inquiry Team has made. The provision of any documentation to the CLO does not mean that there will be automatic onward provision of this documentation to the Inquiry Team.
Subject to certain exceptions, should any material be considered to be relevant to these Requests, there is a legal obligation for this to be provided by NHSGGC, or the CLO on its behalf, to the Inquiry.
31. What if the material is sensitive, contains personal data or is legally privileged?
There are protocols in place to deal with the provision of sensitive or legally privileged material, including an application by the CLO to the Inquiry Team for an order for redaction (obscuring parts of text) or restriction of the publication of the material.
32. I have heard that there is also a Police investigation, is that correct?
The Lord Advocate has instructed an investigation by Police Scotland into the deaths of four patients at the hospital. This investigation is to establish whether, in relation to water and ventilation, any offences have been committed by NHSGGC. At this stage we understand the focus of the investigation is directed at NHSGGC as an organisation and not at individuals.
33. Will I be interviewed as part of the Police Investigation?
If you have knowledge of matters relevant to the Police investigation, you may be asked to attend for interview to provide a statement.
34. Do I have to attend for interview and provide a statement to the Police if asked?
No. Attending an interview and providing a statement to the Police at this stage of its investigation is voluntary. However, NHSGGC wishes to cooperate fully with the Police investigation and would therefore ask that you consider this when deciding whether to agree to a request for an interview.
35. What should I do if I am contacted by Police Scotland requesting an interview?
Please see Question 26 above.
36. Who can I take with me to a Police interview?
Please see Question 16 above.
37. Can I obtain separate legal representation?
NHSGGC will support you as fully as possible and should you wish NHSGGC will make a solicitor from the CLO available to speak with you beforehand in order to answer any questions you may have, and to attend with you to the interview. However, if you would prefer to be accompanied by an independent solicitor, please contact your Trade Union or Professional Organisation.
38. Do I need to prepare for a Police interview?
It is unlikely that Police Scotland will provide details on what they intend to cover at the interview in advance although, in some circumstances, they may issue a list of topics or questions in advance. If no details are provided, preparation will not be possible. It is recommended that you do not bring any documentation or notes with you to the interview as there is an agreed process in place for the provision of documentation to the Police and the Police Officers can take possession of these – see also Q.41 below.
39. What happens at a Police interview?
Similar to Question 18 above, there will be two Police Officers in attendance. One of the Officers will hand write the statement during the interview. Although you will be responding to questions, the statement will be written as a first person narrative. This interview process therefore may take some time. You should feel free to ask for breaks whenever you want.
40. What are the key tips to remember when being interviewed by the Police?
These are similar to Question 24 above:
Listen carefully to the questions you are asked and take time to consider your response.
If you do not understand the question or are unsure about what you are being asked, then ask for clarification.
Do not feel pressured to give a “yes” or “no” response where that would not be correct, but instead provide a full response explaining the position.
If you don’t remember or don’t know the answer to a question, just say so – don’t try to guess and do not speculate.
If a question has multiple parts, break down the question and your answer.
If you feel someone else would be better placed to answer a particular question, feel free to say so, as part of the purpose of the questions is to find out who is best to answer them.
If you need to see a particular document in order to answer a question, ask for this document and if the Police have it available they will show it to you. If the document is not available, the Police Officer will request a copy from NHSGGC.
Be calm, courteous and honest. Speak slowly, clearly and concisely, as that will make it easier for the Police Officer who is writing down your responses.
41. If requested, should I provide documents to the Police?
Please do not provide copies of documents yourself as NHSGGC has bilaterally agreed processes in place to assist Police Scotland in respect of access to clinical notes/documents as follows:-
Clinical Notes/Medical Records Requests
Requests for documentation relating to patient’s medical/clinical notes should be directed to Legal Aspects Team (part of Medical Records Department) who will assist Police Scotland with their request as per usual NHSGGC process.
A process for requesting all other documentation has been agreed with Police Scotland. Do not provide copies of documents yourself. There is a single point of contact within the Programme Management Office – Public Inquiries for the Police to formally request documents.
42. Do I get a chance to see, and make changes to, my Police statement before it is finalised?
Yes. At the conclusion of the interview, or at multiple points during the interview if it is a long interview, you will be asked to read through the statement that has been written by the Police Officer to check that it is accurate. You must read the statement carefully and make any corrections, changes, additions or deletions that you wish. Once this has been completed you will be asked to sign every page of the statement as well as sign at the end to confirm that the statement is a true and accurate record. You will not be provided with a copy of the final statement.
43. Will my Police statement be made public?
No. Your Police statement is confidential.
Civil Law
Civil law deals with disputes between individuals or individuals and companies and their rights and duties to each other. Either defendant or pursuer may be found to be wrong and be liable for damages (compensation to be paid). Civil law exists to protect individuals against one another. Civil law sets out the rights and duties of individuals. For instance, an individual or a business agrees to provide goods or services to another at a price, but the goods or services are substandard, a claim can be brought under consumer protection law. The outcome of civil law cases is decided on the balance of probabilities that the act or omission alleged occurred.
Criminal Law
Criminal law deals with criminal offences and their punishment. The burden of proof in a criminal case is to demonstrate that guilt has been proven ‘beyond reasonable doubt’. Scottish Law is unique in having three possible verdicts; guilty, ‘not guilty’ and ‘not proven’. Criminal Law ensures every citizen knows the boundaries of acceptable conduct in the UK. For example, it is clearly unacceptable conduct to steal from another individual, or take the life of another.
A breach of criminal law is seen as a wrong against society as a whole. If an individual breaches criminal law and commits an offence, they may well face criminal prosecution and, if convicted, will receive an adequate penalty. Punishments for criminal offences are typically fines, imprisonment and or a community sentence
Decisions made in legal actions are based decisions made in previous cases.
Sometimes, both criminal and civil law will arise in relation to an incident. Road users, for instance, have a duty of care towards other road users. If a road user is driving carelessly and causes an accident which injures another person, a civil claim can be brought for damages for negligence, in addition to any criminal prosecution.
What is a Precognition Statement and why am I being asked for one?
A precognition statement is different from the witness statement you may have already given to the Police.
A precognition statement is a distinctive feature of the Scottish legal system. It is the face to face interview of a witness who may be called to give evidence at an upcoming Fatal Accident Inquiry, civil case, criminal trial.
A precognition statement is taken to evaluate the evidence the witness will give whilst under oath in court. You may be requested to provide a precognition statement if you:-
Have been involved in the treatment and care of a patient
Have witnessed a crime or been a victim of a crime
Have seen or heard something in connection with a an accident or crime
Have information about someone accused of a crime/or legal claim
Have been involved either directly or indirectly in a children’s hearing case
Expert witness
Providing a precognition statement is an important aspect of the Scottish Legal System. Please note, opposing sides can interview each other’s witnesses prior to attendance in court and again, this is to evaluate the evidence witnesses are likely to give in court.
If you have any specific questions about a recent request to provide a precognition statement, and are just unsure, please do not hesitate to get in touch with Rachel McGowan, Legal Claims Manager.
Ensuring Support for both NMC Witnesses & Registrants – Board Wide
Your role as a witness in a Fitness to Practise (FtP) investigation is very important. The information you provide assists the NMC carry out a full and fair investigation. It helps them to fulfil their duty in protecting the public.
If you have reported an incident to the NMC or your name has been given as a possible witness, then in some cases they will hold a public hearing so that a decision can be made by an independent FtP Panel.
If you are a witness you may be called to give your evidence at the hearing so the panel can hear your evidence and ask you questions about what happened and what information you may know.
From the time of giving your initial statement and the hearing date being set may be some time. During this time, it may help to familiarise yourself with records and reports in relation to the case and where possible consider what decisions were taken, when and why. Ensure you have some practical and emotional support if you are feeling unsure and anxious.
The NMC website also has detailed information and leaflets for NMC witnesses about what to expect during the investigation process, attending the hearing as well as a helpful virtual tour of a typical hearing room.
I would encourage you to read the information booklets published by NMC (I have provided links below) in the first instance prior to seeking further support. The NMC information may answer and address any questions/concerns you may have at this time.
Understandably, this can be an anxious time for staff that are being called to give their evidence at a Hearing and therefore support is available to staff Board Wide within NHSGGC, enabling both NMC witnesses and registrants to seek support leading up to the Hearing.
For staff who are feeling anxious, worried there is support available to you where I can offer you:-
One to one support to address specific concerns and questions
Practical support and guidance around expectations of being called as a witness
Information around NMC Hearing process and what to expect at the Hearing
Arrangements for you to visit the NMC Office in Edinburgh prior to hearing starting, or on the day of your arrival.
Group Support – Question and Answering sessions can be helpful when there are quite a few staff being cited from the one ward area allowing staff to raise and discuss any general concerns around the expectations of being called as a witness.
Having a point of contact of support during the NMC process can be of great benefit to staff who require additional support and guidance.
I work in collaboration with NMC Witness Liaison Officers, Edinburgh ensuring dedicated support leading up to the Hearing and also on day of arrival at the Hearing.
Any questions, get in touch with Rachel McGowan, Legal Claims Manager.
Staff may be called at some point in their professional career to give evidence in a criminal case. Being involved in the criminal justice system can be a daunting and unknown process for NHS staff. When witnesses are called in criminal cases they may also be victims of crime, for example, you were assaulted. As a witness, you have an important role to play by telling the court the truth about what you know or may have seen. This information is known as the witness’s evidence. The court needs witnesses to give their evidence to allow them to build up a picture of what has happened and to reach a verdict or decision. If you are a witness, it may mean you:-
Have been a victim of a crime
Have seen or heard something in connection with a crime
Have information about someone accused of a crime
Have been involved either directly or indirectly in a children’s hearing court case.
Expert witness
There are three different people who may call (or more formally known as ‘cite’) you to be a witness:-
The Procurator Fiscal (also known as fiscal or prosecution)
The Defence or other Solicitor
The Reporter to the Children’s Panel
As a witness, you will receive a letter that tells you where and when to go to court and this is called your citation. You may feel anxious about appearing in court but assistance and support is available for NHS staff called as witnesses. Court visits can be arranged for anxious staff in advance to help them become more familiar with the courtroom and court process.
It is important not to ignore your citation. If you do not turn up at the correct time and place, the court can issue a warrant for your arrest. You can contact the procurator fiscal if you have any questions, concerns or special requirements in advance of the trial.
Questioning & Cross examination
When the time has come for you to give your evidence, you will be shown to the witness box where you will remain standing to give your evidence (pleasealsoread over section on court visit). You will then be asked to swear on oath/affirmation to tell the whole truth to the Sheriff/ Judge of that courtroom.
Questioning will then begin with who you are, your qualifications, age, experience and your place of work before going in to the circumstances surrounding your involvement in the case. Try to:-
Be calm, courteous and honest – remain objective
Speak clearly and concisely
Focus on the question at hand
Take time to consider your response
Be ready to confirm/back up your evidence
If you can’t remember or don’t know the answer to a question – say so – and don’t guess
If unsure of the question, ask for it to be repeated/clarified
Cross-examiners may try to challenge your experience, qualifications – remain calm, factual and professional by giving a reasoned response
Don’t be defensive
Don’t react emotionally
Be professional
By way of supporting and assisting you for upcoming trial, I can offer you:-
Practical support and guidance on court and legal process
Court Familiarisation Visit in advance of trial to aid you in preparation of giving your evidence on day of trial
One to one support to address specific challenges, concerns/anxieties
Q&A Sessions where large numbers of staff are cited to court
Work in partnership with other agencies such as Witness Service and Victim Information and Advice (VIA) in respect of vulnerable witnesses
I would encourage you to have a read over the undernoted leaflets, one for Sheriff Court Witnesses and one for High Court Witnesses compiled by the Crown Office & Procurator Fiscal Service COPFS.
An FAI is a legal process that seeks to explain the circumstances and facts leading up to a person’s death. Once an FAI has been decided and intimated on the Board by the Crown Office and Procurator Fiscal Service (COPFS), the Legal Claims Manager will instruct NHS Central Legal Office (CLO) to protect the interest of the Board and staff at the inquiry. Inquiries are normally held before Sheriffs and generally take place in Sheriff Court buildings.
Staff involved in the case will be called as witnesses to give their evidence on knowledge of fact or as an expert witness. If you have previously given a statement to the police/PF during the initial Investigation, it is most likely you will be called to give evidence at the FAI.
Leading up to the FAI, staff may be contacted to provide a further statement (precognition) along with any other information that may be relevant in the preparation of the FAI. This contact could be from either the CLO Solicitor who is acting on behalf of the Board or the Procurator Fiscal during the preparation of the FAI.
The FAI needs to determine five main points:-
Where and when the death took place
The cause or causes of 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
Preparation for FAI
Preparation for Court is essential. The gap between the initial PF investigation and the decision being made to hold an FAI can be months or even years. Take this time to prepare and familiarise yourself about FAIs ensuring you have all the support you need professionally and emotionally to assist and guide you through what can be a stressful and worrying time for staff. Staff should try and keep in mind that FAIs are not held to find fault or apportion blame with an individual, but to identify and rectify any systematic defects.
You should familiarise yourself with records and reports in relation to the matter and consider what decisions were taken, when and why. It may also be helpful to think about any factors which may have had a bearing on the death and how you will respond to questions about these. You will be expected to give evidence on the five main points listed above.
Questioning
Generally, you will be questioned on who you are, your qualifications, age and experience and place of work before going in to the circumstances surrounding the death. Try to:-
Be calm, courteous and honest – remain objective
Speak clearly and concisely
Focus on the question at hand
Take time to consider your response
Be ready to confirm/back up your evidence from medical notes, reports, etc
Refer to your notes if required
If you can’t remember or don’t know the answer to a question – say so – and do not guess
If unsure of the question, ask for it to be repeated or clarified
Do not give an opinion on a matter which you are not qualified to do so
Do not discuss your evidence with other witnesses
Do not attribute fault to others unless you are an expert witness
Try not to use any abbreviations or slang
Questioning is led by the Procurator Fiscal who is representing the public’s interest which then follows on to:-
Solicitor representing the deceased’s family (if they have chosen to appoint legal representation)
Solicitor representing the NHS (CLO)
Legal representation of any individuals who have chosen to be represented in their own right
All relevant medical records, reports are lodged in Court in advance of the trial and can be placed in front of you when in the witness stand to allow you to refer to when giving your evidence, these are known as productions.
The following support and guidance is available to staff during the PF/FAI:-
Practical support and guidance in relation to FAI process
Information on court procedures and what to expect as a witness
Court familiarisation visit in advance of FAI
Support in court on day(s) of giving your evidence
One to one support to address any specific concerns or questions
The following video outlines the support available to NHSGGC staff around Fatal Accident Inquiries.
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.