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. 

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 were invited to attend 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.”

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.

Written responses

Written responses on the draft terms of reference were accepted by the Inquiry from 13 September 2024 until 25 October 2024.

Public events

A ticketed in-person event was held in central Dundee on 7 October 2024. A virtual event took place on 10 October 2024. The Chair and Senior Counsel to the Inquiry, Jamie Dawson KC, gave progress updates to attendees. Read transcripts of the speeches made at the public events.

Attendees also had the opportunity to ask questions and offer their views on the draft terms of reference. 

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 contributed 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.