Hospital inquiry loses NHS board's legal challenge

The public inquiry into patient safety at Scotland's biggest hospital has lost a legal challenge over its decision to reject new evidence from NHS Greater Glasgow and Clyde (NHS GGC).

Last year, NHS GGC submitted a 218-page report to the Scottish Hospitals Inquiry claiming the Queen Elizabeth University Hospital campus had no excess infections since 2015.

This was in conflict with an independent review, which connected the deaths of at least two child cancer patients in part to infection linked to the hospital environment.

A judicial review has now decided the inquiry was wrong not to consider the health board's report.

The long-running public inquiry is examining safety and wellbeing issues at hospitals in Glasgow and Edinburgh.

It rejected the health board's submission, saying it would delay the inquiry's progress and turn it into an "adversarial contest".

NHS GGC sought a judicial review of this decision at the Court of Session, which it has now won.

The judicial review ruled the decision not to accept the submitted was "wrongly decided and consequently unfair".

A spokesperson for the Scottish Hospitals Inquiry said: "NHS Greater Glasgow and Clyde sought to have a new report included in the [third phase of the Glasgow] hearings, which took place last year between 19 August and 15 November last year.

"A draft of the report was provided to the inquiry on 10 July, before the final version on 24 July.

"Lord Brodie refused NHS GGC's application for reasons of principle and practicality.

"If the report had been accepted to be heard as evidence during [this phase of the hearings], the hearings would have been postponed."

It said it noted the judge's decision and it would now consider the evidential relevance of the health board's report.

NHS GGC said: "The questions being examined by the Scottish Hospitals Inquiry are of significant public concern and the importance of having expert opinion on these matters remains high."

It added: "We will engage with the inquiry team about the next steps in submitting a fresh application for the inquiry to receive the independent expert report."