Clinical Negligence and Other Indemnity Scheme (CNORIS) funding application by Fife Health Board: FOI release

Information requested

All information in relation to the CNORIS (Clinical Negligence and Other Indemnity Scheme), and more specifically, copies of documents papers emails memos, records of meetings and of phone calls and other forms of written material (hereinafter “documents”) relating to each of the following matters:

1. The application ( or if not a formal process request) by Fife Health Board (Hereafter “FHB”) for funding from CNORIS in the case of Sandie Peggie v FHB and Dr Beth Upton (hereinafter respectively “SP”, and “BU”).

2. All communications between FHB and Scottish Government. (Hereinafter “SG”) relating to any such application (or request) and, also, thereafter, subsequent to the grant or approval of any application (or request).

3. Whether the CNORIS funding covers the legal expenses of Dr Beth Upton; and if so, on what basis BU legal costs are covered under CNORIS and to provide specific reference to the part and provision of the CNORIS scheme and the particular head of eligibility which was deemed to apply, and all consideration given to the issue before and after the grant of assistance from CNORIS was awarded for BU legal costs.

4. Whether FHB sought funding to pay for the costs of Sandie Peggie (Hereinafter “SP”) and if not why not?

5. Whether the SG, (either by inquiry from Central Legal Office (CLO) or other person or body within SG) queried the application in general and in particular in respect of the legal costs of BU; and to provide full details of any such consideration of the issue by SG and communications from FHB or third parties consulted, such as the Lord Advocate.

6. Whether the award or grant of cover under CNORIS was given in part or in whole because, in its defence of the claim by SP, FHB maintained or argued that SP had broken disciplinary procedures, and had done so in a way that amounted to, on four separate counts, gross misconduct.

7. On the evening of Tuesday 14th July, SP’s lawyers issued a statement making public that FHB had cleared SP of all four disciplinary charges that had been brought against her, (or in the language used by FHB that these charges were not found to have been proven by sufficient evidence). Given that the charges against SP of Gross Misconduct have therefore been not proven, by FHB, on what basis is CNORIS cover, namely payment of legal fees from and after the date of that decision by FHB, still available; and should it have been or should it now be withdrawn so that FHB must meet all expenses from the time of said outcome of the disciplinary process till the end of the legal tribunal case.

8. Has SG via CLO or otherwise sought from FHB any estimate of its total legal expenses if the case is pursued to a conclusion at the employment tribunal, and its potential liability for expenses of SP should FHB lose the case; and if so what is that estimate; and if not why has that not been sought.

9. Does FHB require to obtain further approval from SG from CLO or otherwise in order to continue to pursue its defence following its finding the disciplinary charges were not proven; and to provide all documents relating to discussion or consideration of these matters. Has it done so and what has been the response of the SG.

10. Does CNORIS provide funding where (a) advice has been received that a case is likely to be lost, on the balance of probability, and (b) where the case is almost certainly be likely to be lost, and if so is this policy in accordance with the requirements of the finance manual in relation to public expenditure.

11. Whether it is correct that the sole liability of FHB in respect of their legal fees is £25,000.

12. In the event that FHB lose the tribunal case and there is a finding of (a) a payment of a sum of money to SP and (b) a payment of legal expenses of SP will CNORIS be liable for both (a) and (b).

13. All communications with the Lord Advocate and or Solicitor General regarding the CNORIS application, and more generally the case of SP v FHB and BU.

Response

With regards to the initial part of your request, for all information in relation to the CNORIS (Clinical Negligence and Other Indemnity Scheme), while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600, such as by specifying a specific timeframe. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

Whilst the totality of your requests breaches the upper cost limit, I can advise you that with regards to the following specific questions 1, 2, 3, 4, 5, 6 and 7 outlined above, the Scottish Government does not have the information you have asked for because these questions relate to the application from NHS Fife for funding from CNORIS in the case of Sandie Peggie v FHB and Dr Beth Upton. The Scottish Government is not responsible for the management of the CNORIS. NHS National Services Scotland (NSS) manages the Scheme, this includes claims management. All claims for reimbursement from the Scheme should be submitted to NSS within 60 days of the member being notified of final costs on closure of the claim. As this case is yet to conclude and final costs are to be calculated, relative to the process timeline an application to the scheme will not have been made.

Furthermore, with regards to question 9, internal employment matters remain between the employee and their employer.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

The information requested in question 8 above is available from the NHS Fife website: https://www.nhsfife.org/news-updates/latest-news/2025/07/statement-employment-tribunal-legal-costs/, which notes ‘NHS Fife is not in a position to estimate the full cost of proceedings while the Tribunal remains ongoing.’

Similarly, questions 10, 11 and 12, member liability for individual cases and what is (and what is not) covered by the scheme is available here: https://www.nss.nhs.scot/legal/clinical-negligence-and-other-risks-indemnity-scheme-cnoris/guide-to-the-clinical-negligence-and-other-risks-indemnity-scheme-cnoris/ and here: https://www.legislation.gov.uk/ssi/2000/54/made.Applications.  Applications are made on a case by case basis.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you are not able to access this information from the websites listed, then please contact me again and I will send you a paper copy.

In the interests of transparency, a CNORIS Report is published on an annual basis by NSS. This Annual Report provides a summary of the number and value of claims for reimbursement made during a financial year by members through the scheme and outlines arrangements for the payment of claims: CNORIS Annual Report 2023 -2024 | National Services Scotland.

Finally, for question 13, exemptions under sections 29(1), 30(b)(ii), 36(1), 38(1)(b) of FOISA applies to some of the information you have requested.

Some of the information is being released with redactions, where the following exemptions under FOISA apply:

The following exemptions have been applied:

• Section 29(1) – Advice by the Law Officers
• Section 30(b)(ii) - Free and frank provision of advice
• Section 36(1) - Confidentiality in legal proceedings
• Section 38(1)(b) – Personal data

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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 202500476628 - Information released - Q13 Material

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