Frequently Asked Questions
Why was the Inquiry set up?
The Scottish Government set up the Inquiry under the Inquiries Act 2005 in order that an independent, public inquiry could be held into the circumstances of deaths and illness at the Vale of Leven Hospital between 1 January 2007 and 1 June 2008 which are attributed to
C. difficile infection. The Inquiry’s Terms of Reference provide more detail on the exact remit of the Inquiry.
top
When was the Inquiry set up?
The official setting-up date of the Inquiry was 1 October 2009. This was the start date for the work of the Inquiry team in gathering evidence and documents. A preliminary hearing took place on 1 February 2010 at the Dumbarton Sheriff Court.
top
What are the Inquiry’s Terms of Reference?
The Terms of Reference provide the parameters for the Inquiry to work within. They are not detailed but confirm in broad terms the areas which the Inquiry will investigate and report on. The Terms of Reference are:
- To investigate the circumstances contributing to the occurrence and rates of C. difficile infection at the Vale of Leven Hospital from 1 January 2007 onwards, and any increases in such rates during that period and in particular between 1 December 2007 and 1 June 2008, with particular reference to the circumstances which gave rise to deaths associated with that infection.
- To investigate the management and clinical response at the Vale of Leven Hospital to the C. difficile rates during that period and to any such increases, and the steps taken to prevent or reduce the risk of spread or recurrence of the infection.
- To investigate the systems in place at the Vale of Leven Hospital to identify and notify cases, increased rates of infection outbreaks and deaths associated with C. difficile infection, including the action taken to inform patients, their relatives and the public and the steps taken at the Vale of Leven and in NHS Scotland generally for recording such incidents including for the purposes of death certification.
- To investigate the actions of NHS Greater Glasgow and Clyde in response to the occurrence of C. difficile at the Vale of Leven Hospital, including informing patients and their relatives of the risks of such infection and the measures that should be taken to assist prevention and control.
- To investigate the governance arrangements of NHS Greater Glasgow and Clyde in relation to, and the priority given to, the prevention and control of the infection.
- With reference to experience within and beyond Scotland of C. difficile infection, to establish what lessons should be learnt and to make recommendations.
- To report by September 2012 unless otherwise provided by the Cabinet Secretary for Health and Wellbeing
top
How will I know what’s happening with the Inquiry?
The Inquiry website is updated throughout the Inquiry. During the hearings the website will be updated to show who has given evidence and who is expected to give evidence in the week ahead. In addition, a transcript of the evidence led will normally be published on the website soon after the day’s proceedings.
top
Where and when are the Inquiry’s hearings?
Hearings are held at Maryhill Community Central Halls, 304 Maryhill Road, Glasgow, G20 7YE.
Oral hearings began on 7 June 2010 and are currently scheduled to conclude on 29 March 2012. A detailed schedule of hearings is available on the Witnesses page of this website. Transcripts of the hearings which have already taken place are available on the Transcripts page.
top
Will the hearings be open to the public?
The Inquiry anticipates that all hearings will be open to the public.
top
Who is the Inquiry Chairman?
The Rt Hon Lord MacLean is Chairman of the Inquiry. His appointment was announced by the Cabinet Secretary for Health and Wellbeing on 21 August 2009.
Lord MacLean was admitted to the Faculty of Advocates in 1964 and became a Queen’s Counsel in 1977. He was appointed Senator of the College of Justice in 1990. In April 2001 he was appointed to the Inner House of the Court of Session and was also sworn in as a member of the Privy Council. He was one of the judges presiding at the Lockerbie Trial at Camp Zeist.
His previous public appointments include Chairman of the Billy Wright Inquiry in 2005, Chairman of the Sentencing Commission 2003-2005, Chairman of the Committee on Serious, Violent and Sexual Offenders 1999-2000 and a member of the Judicial Appointments Board for Scotland 2002-2005.
top
Who are Counsel to the Inquiry?
Counsel to the Inquiry have been appointed by the Chairman. Senior Counsel to the Inquiry is Colin J MacAulay QC. Junior Counsel to the Inquiry is Lauren Sutherland, Advocate.
Their role is strictly impartial, primarily to assist the Chairman in the Inquiry’s investigation of the facts, to present evidence to the Inquiry and to provide advice to the Inquiry on questions of law and evidence.
top
Who are the assessors to the Inquiry?
The Inquiry Chairman has appointed two specialist assessors to provide him and Counsel with medical and nursing advice. They are Dr Geoff Ridgway OBE and Mary Waddell OBE.
Dr Ridgway has recently retired as consultant clinical microbiologist at University College London Hospitals. Mrs Waddell has recently retired as Director of Nursing for the Eastern Board in Northern Ireland.
top
Who are the others in the Inquiry team?
The Secretary to the Inquiry is Julie-Anne Jamieson and the Deputy Secretary is Mark Dorrian. They are primarily responsible for all of the organisation and administration of the Inquiry, managing staff and responding to queries from those with an interest. The Solicitor to the Inquiry is Nigel Orr, who is primarily responsible for controlling investigations, gathering evidence, taking statements and arranging the programme of hearings.
top
How will the Inquiry operate?
The Inquiry will be conducted in two broad phases. The first phase, which started in October 2009, involves gathering and assessing the available evidence by written statement and at hearings. This phase aims to establish the factual history, including the experiences of patients and their relatives. The second phase is likely to involve holding further hearings into specific issues identified as requiring further investigation, with expert contribution. The procedures to be used by the Inquiry are described in the guidance on the Inquiry website.
top
Will the Inquiry investigate the deaths at Ninewells Hospital?
No, the Inquiry will not look at the causes of that outbreak or the circumstances of deaths at Ninewells Hospital. It will, instead, look at the way in which the outbreak was handled.
The terms of reference allow the Inquiry to consider the experience of other instances of C. difficile within and beyond Scotland, and this includes Ninewells. Any amendment to the Terms of Reference would be a decision for the Cabinet Secretary in consultation with Lord MacLean.
top
Who are the Core Participants in the Inquiry?
The Chairman may designate a person as a Core Participant at any time during the course of an Inquiry – but only with the consent of that person.
Anyone who wants to be designated as a Core Participant should refer to the guidance on Core Participants and the application form on the Inquiry website. A list of current Core Participants is available on this website in the section called "
Useful Information"
top
Who are the witnesses in the Inquiry?
A witness is a person who, in the opinion of the Chairman, has evidence relevant to the Inquiry’s Terms of Reference. Please refer to the guidance on witnesses and taking evidence on the Inquiry website.
Witnesses will be asked by the Inquiry to provide a written statement of their evidence and may also be asked to give oral evidence at the Inquiry hearings. All witness statements will be disclosed to the Core Participants and their legal representatives and are published on the Inquiry website. Transcripts of the oral hearings are also published on the Inquiry website.
The witness statements and transcripts of hearings can be found on the website in the section called
“Hearings”.
top
If I want to give evidence, do I have to be a Core Participant?
No. It is expected that many of the witnesses who give evidence will not be Core Participants. If you are unsure whether you should apply to be designated a Core Participant, please refer to the guidance on Core Participants on the Inquiry website.
top
Will all witnesses appear in person at the oral hearings?
Where a witness’s evidence is non-controversial, the Inquiry may rely on that witness’s written statement, so appearance in person will not be required. Please refer to the guidance on witnesses and taking evidence on the Inquiry website.
top
Can people be compelled to attend the oral hearings?
Yes. Under procedures set out in the Inquiries Act 2005, the Chairman can compel attendance by (a) witnesses to give evidence or (b) persons who are required to produce documents relevant to the Inquiry.
top
Will the Inquiry pay for legal representation?
The Chairman has various powers under the Inquiries Act 2005, subject to conditions and qualifications, to give awards of funding for legal representation. You do not have to be a Core Participant to apply for an award for funding. Please refer to the guidance on Core Participants and the guidance on awards on the Inquiry website.
top
What should I do if I believe I have information that is relevant to the Inquiry?
Please contact the Inquiry Secretary by email at:
information@valeoflevenhospitalinquiry.org
or by post at:
Vale of Leven Hospital Inquiry,
3rd Floor, Lothian Chambers,
59-63 George IV Bridge,
Edinburgh, EH1 1RN.
Or by phone on : (0131) 240 6809
top
How long will the Inquiry last?
The Terms of Reference were revised in March 2011 to give the Inquiry until September 2012 to report to the Cabinet Secretary for Health and Wellbeing. This period may be extended, if necessary, by the Cabinet Secretary.
top
Will the Inquiry publish its recommendations?
The Inquiry is required to make recommendations to the Cabinet Secretary for Health and Wellbeing by September 2012. An extension may be granted by the Cabinet Secretary. The inquiry's report, containing the recommendations, will be published on the Inquiry's website at that time.
top
Can the Inquiry force the Scottish Government to accept its recommendations?
There is no obligation under the Inquiries Act 2005 on the Scottish Government to implement the recommendations of the Inquiry. However, the Inquiry intends to set out a persuasive case in support of each of its recommendations.
top