NHS Fife employment tribunal queries: FOI release

Information requested

1. The exact date and time when Scottish Ministers were first informed that Sandie Peggie had been cleared of gross misconduct by NHS Fife. Please provide the correspondence of ministers being informed of this development and any further correspondence where ministers discuss the implications of this ruling since 1 July 2025.

2. Any briefing, information or documentation that was provided to the First Minister by Special Advisers, Senior Civil Service or NHS Fife Health Board ahead of media appearances on 16 July 2025 related to the Sandie Peggie case.

3. All correspondence between the Cabinet Secretary for Health and Social Care or the First Minister and NHS Fife Health Board in relation to the Sandie Peggie case since 16 April 2025 including emails, letters, virtual/in-person meetings (and minutes of those meetings), phone calls or instant messages.

4. All correspondence between backbench SNP MSPs and Scottish Ministers in relation to the Sandie Peggie case since 16 April 2025 including emails, letters, virtual/in person meetings (and minutes of those meetings), phone calls or instant messages.

5. All correspondence between any Scottish Ministers in relation to the Sandie Peggie case since 16 April 2025 including emails, letters, virtual/in-person meetings (and minutes of those meetings), phone calls or instant messages.

Response

1. Scottish Ministers did not have prior notice of this decision. Scottish Ministers became aware of the decision once it was publicly reported. As such, it is not possible to determine the exact time at which Scottish Ministers were first informed.

I enclose a copy of the information you requested in PDF format.

Following a comprehensive search, a number of emails were identified as in scope. The relevant emails have been released with redactions where exemptions under FOISA apply. The following exemptions have been applied:

• Section 30(b)(ii) – applied where disclosure would, or would be likely to, inhibit the free and frank exchange of views between officials on sensitive matters.
• Section 36(1) – applied where the content may reflect or reference legal advice which remains confidential.
• Section 38(1)(b) – applied to remove personal data, such as names of officials below Senior Civil Service level and personal contact details, in line with data protection legislation.
• Out of scope - some information is withheld because it is out of the scope of the current request.

Section 30(b)(ii) is subject to the public interest test. In considering the public interest test, we recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers when briefing them on sensitive matters.

The redacted material reflects internal discussions and the exchange of views between officials. This content does not represent final or agreed policy positions. Disclosure of these communications would be likely to substantially inhibit the free and frank provision of advice and exchange of views within the Scottish Government.

Releasing this material would undermine the ability of officials to explore options openly and assess issues that are still under active consideration. It could also lead to misinterpretation of provisional thinking or prematurely expose deliberations that require a protected space for development. Accordingly, the balance of public interest lies in maintaining the relevant exemptions, to protect the integrity of internal decision-making and ensure the effective conduct of public affairs.

Section 36(1) is subject to the public interest test. In considering the public interest test, we recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing a private space within which Scottish Ministers and officials can seek and receive confidential legal advice. Protecting the source of said advice is also integral to maintaining its confidentiality. Failure to use of this exemption would also make the provision and use of legal advice by Ministers and officials more difficult to acquire.

2. I enclose a copy of the information you requested in PDF format.

Following a comprehensive search, a number of emails were identified as in scope. The relevant emails have been released with redactions where exemptions under FOISA apply. The following exemptions have been applied:

• Section 30(b)(ii) – applied where disclosure would, or would be likely to, inhibit the free and frank exchange of views between officials on sensitive matters.
• Section 36(1) – applied where the content may reflect or reference legal advice which remains confidential.
• Section 38(1)(b) – applied to remove personal data, such as names of officials below Senior Civil Service level and personal contact details, in line with data protection legislation.
• Out of scope - some information is withheld because it is out of the scope of the current request.

Section 30(b)(ii) is subject to the public interest test. In considering the public interest test, we recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers when briefing them on sensitive matters.

The redacted material reflects internal discussions and the exchange of views between officials. This content does not represent final or agreed policy positions. Disclosure of these communications would be likely to substantially inhibit the free and frank provision of advice and exchange of views within the Scottish Government.

Releasing this material would undermine the ability of officials to explore options openly and assess issues that are still under active consideration. It could also lead to misinterpretation of provisional thinking or prematurely expose deliberations that require a protected space for development. Accordingly, the balance of public interest lies in maintaining the relevant exemptions, to protect the integrity of internal decision-making and ensure the effective conduct of public affairs.

Section 36(1) is subject to the public interest test. In considering the public interest test, we recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing a private space within which Scottish Ministers and officials can seek and receive confidential legal advice. Protecting the source of said advice is also integral to maintaining its confidentiality. Failure to use of this exemption would also make the provision and use of legal advice by Ministers and officials more difficult to acquire.

3. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. No relevant records were identified following an information trawl issued to relevant officials and Private Offices, and a search of our internal system. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

4. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. No relevant records were identified following an information trawl issued to relevant officials and Private Offices, and a search of our internal system. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

5. I enclose a copy of the information you requested in PDF format.

Following a comprehensive search, a number of emails were identified as in scope. In interpreting “between any Scottish Ministers” we have taken this to refer specifically to correspondence sent directly from one Scottish Minister to another. As such, we have excluded material where a Scottish Minister was only copied into correspondence by officials. The relevant emails have been released with redactions where exemptions under FOISA apply. The following exemptions have been applied:

• Section 30(b)(ii) – applied where disclosure would, or would be likely to, inhibit the free and frank exchange of views between officials on sensitive matters.
• Section 36(1) – applied where the content may reflect or reference legal advice which remains confidential.
• Section 38(1)(b) – applied to remove personal data, such as names of officials below Senior Civil Service level and personal contact details, in line with data protection legislation.
• Out of scope - some information is withheld because it is out of the scope of the current request.

Section 30(b)(ii) is subject to the public interest test. In considering the public interest test, we recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers when briefing them on sensitive matters.

The redacted material reflects internal discussions and the exchange of views between officials. This content does not represent final or agreed policy positions. Disclosure of these communications would be likely to substantially inhibit the free and frank provision of advice and exchange of views within the Scottish Government.

Releasing this material would undermine the ability of officials to explore options openly and assess issues that are still under active consideration. It could also lead to misinterpretation of provisional thinking or prematurely expose deliberations that require a protected space for development. Accordingly, the balance of public interest lies in maintaining the relevant exemptions, to protect the integrity of internal decision-making and ensure the effective conduct of public affairs.

Section 36(1) is subject to the public interest test. In considering the public interest test, we recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing a private space within which Scottish Ministers and officials can seek and receive confidential legal advice. Protecting the source of said advice is also integral to maintaining its confidentiality. Failure to use of this exemption would also make the provision and use of legal advice by Ministers and officials more difficult to acquire.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500476219 - Information released - Documents

File type

PDF

File size

406.4 kB