The Eljamel and NHS Tayside Public Inquiry

Inquiry publishes draft terms of reference

The Eljamel and NHS Tayside Public Inquiry has published its draft terms of reference and is inviting responses from patients and all those with an interest in the work of the Inquiry.

The independent public inquiry, announced by ministers in September 2023, will investigate matters related to the actions of neurosurgeon Sam Eljamel, who worked for NHS Tayside between 1995 and 2014.

Patients and organisations are invited to attend one of two public events in early October relating to the draft terms of reference.

Lord Weir said: “My team and I, are very conscious of the length of time patients, their families and carers have already waited to get answers.

“We are working with focus and determination to set up the Inquiry. Hearing from those affected and others with an interest in the Inquiry’s work on the terms of reference is a vital part of this process.

 “I look forward to meeting them and hearing their views.”

See below for information on how to respond and how to attend the public events.

What stage is the Inquiry at?

The Inquiry is in the process of being established. This involves recruiting the team, securing premises and putting infrastructure in place so that investigations can proceed at pace once the Inquiry is formally set up. Until the formal set-up date, no evidence can be considered.

In addition to the investigations undertaken by the Inquiry, the former Cabinet Secretary for NHS Recovery, Health and Social Care also announced that separate, independent clinical reviews will be offered to Mr Eljamel’s former patients. The reviews will be chaired by Prof Stephen Wigmore, Regius Chair of Clinical Surgery at the University of Edinburgh.

It's important to note that the Inquiry operates entirely independently of the Scottish Government. The Scottish Government is hosting this webpage to allow the process of seeking views from interested parties on the draft terms of reference to proceed now, as the Inquiry is in the process of setting up its own website.

Why are the terms of reference important?

Every public inquiry has its own terms of reference, determined by ministers, which set the legal parameters for the Inquiry’s investigation. This Inquiry’s terms of reference are currently in draft form.

How can patients and other interested parties get involved?

Before the terms of reference are finalised, Lord Weir would like to hear from patients, organisations and anyone else with an interest in the work of the Inquiry.

Contributions have already been made to the draft terms of reference by the Inquiry team as part of the Inquiry Chair’s ongoing role in their formation. The draft terms of reference are on the next page of this guide.

Written responses

Written responses on the draft terms of reference will be accepted by the Inquiry from 13 September 2024 until 5pm on Friday 25 October 2024.

You will find a link to further information and questions to which your response is requested in the supporting documents at the top of this page.

Once you have downloaded and responded to any of the questions listed, email your response to Legal@Eljamelinquiry.scot.

Should anyone who wishes to respond in writing have any additional accessibility needs, or require any further assistance, please contact the Inquiry at Enquiries@Eljamelinquiry.scot.

Written responses should deal with the draft terms of reference. After formal set up, the Inquiry will start gathering evidence and taking statements.

Public events

A ticketed in-person event will be held in central Dundee on Monday 7 October 2024. A further virtual event will be offered on Thursday 10 October 2024. Those attending will get a progress update from the Chair and Senior Counsel to the Inquiry, Jamie Dawson KC.

Attendees will also have the opportunity to ask questions and offer their views on the draft terms of reference, if they wish to do so. It is intended that the same presentations will be delivered at each event.

If you would like to attend the in-person or virtual event, you can reserve a ticket via Eventbrite.

Please email the Inquiry at Enquiries@Eljamelinquiry.scot if you have any accessibility needs or concerns regarding either of the public events.

What happens next?

After the Inquiry team has taken account of the responses, Lord Weir will deliver his final views to the Cabinet Secretary for Health and Social Care about what the terms of reference should contain. Via that process, those who contribute will have a real chance of influencing what the Inquiry will look at.

Privacy policy

The Inquiry privacy policy details how the Inquiry will handle your data.