Assurance on NHS compliance with Supreme Court Judgement: FOI release

Information requested

The following questions based on the communication issued by Gillian Russell, Director of Health Workforce, to NHS Board Chief Executives on 30 September 2025.

1. Is Ms Russell now assured that each NHS Board has in fact obtained their own legal advice as independent legal entities – please provide a list of all NHS Boards who have provided an assurance?

2. Is Ms Russell now assured that each NHS Board has drawn up an action plan based on the legal advice obtained to ensure that each Board will be complying with the judgement and with all relevant legislation and regulations - please provide a list of all NHS Boards who have provided an action plan?

3. Is Ms Russell now assured of a target date by when each NHS Board will complete all the actions required to ensure that each NHS Board is complying with the judgement and all with all relevant legislation and regulations - please provide a list of all NHS Boards who have provided a target date for completing the required actions?

4. Is Ms Russell now assured of what the costs will be of the actions being/to be taken by each NHS Board in order to comply with the judgment and all relevant legislation and regulations – please provide a list of all NHS Boards who have provided costs for all the actions being/to be taken?

5. Where in any of the above Ms Russell does not have the required assurance from any NHS Board, please outline what Ms Russell plans to request what each NHS Board does in order to provide her with the required assurances on the work required of the NHS Boards to be complying with the judgement and with all relevant legislation and regulations.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have asked for in relation to points 1- 5, and this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

While Health Boards operate within national policy frameworks set by Scottish Ministers, they exercise autonomy in operational and employment matters and must make decisions in accordance with their statutory duties and legal obligations.

Responsibility for applying the law following the Supreme Court judgment rests with individual Health Boards as they are independent statutory bodies.

Should you require further information on the specific actions being taken by individual Health Boards in relation to the Supreme Court ruling, you may wish to contact them directly as they are best placed to provide detailed updates.

About FOI

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