Eljamel Inquiry sets out new plan for hearings

The Eljamel Inquiry intends to begin its evidential hearings in September.

Jamie Dawson KC, Senior Counsel to the Inquiry, set out the Inquiry’s revised plans for its section 1 and section 2 hearings at a procedural hearing in Edinburgh on Thursday 14th May 2026.

The procedural hearing was held virtually due to safety concerns which continue to affect the hearing suite used by the Inquiry at Waverley Gate.

Mr Dawson said the Inquiry wishes to use the hearing suite at Waverley Gate or “a suitable alternative” for section 1 and section 2 hearings later this year. These are due to take place in September and December respectively.

Mr Dawson said: “The team is working hard to seek to achieve meaningful and productive hearings at those times in the way that the hearings had originally been intended to be delivered, with the opportunity for those who wish to attend to do so.

“The Inquiry’s Core participants reasonably expect to know what can be provided for those hearings to happen at that time and in that way.”

Under the Inquiry’s new plan, section 1 hearings will take place over four weeks from the week beginning 7th September 2026.

Subject to the Inquiry’s requirement for the Scottish Government to find a suitable hearings venue, it is currently planned that these section 1 hearings will cover various introductory matters including:

• the structure and roles of the various key organisations, key people and key policies relevant to the Inquiry’s Terms of Reference;
• the broad trajectory of Mr Eljamel’s career and appointments, complaints and statistical evidence about the nature and spread of his work;
• the document management systems within NHS Tayside, including evidence relating to the destruction in 2025 of theatre logbooks relating to Mr Eljamel’s work; and
• expert evidence relating to neurosurgery, medical ethics, and healthcare administration

This will be followed by three weeks of Section 2 hearings, commencing in the week beginning 30th November 2026.

In Section 2, the Inquiry will hear evidence from a selection of Mr Eljamel’s former patients, or their personal representatives. It will also hear evidence from the Independent Clinical Review.

The hearings will cover a range of matters, including patients’ experiences of:

• sub-standard clinical practice;
• systems, including complaints and feedback processes;
• campaigning for a public inquiry and other investigations;
• lack of candour; and
• issues with document management and access

The procedural hearing was called after Lord Weir determined that evidential hearings should be postponed until full, in-person hearings can be held in an appropriate, safe environment.

The Inquiry’s section 1 hearings had been scheduled to commence in the week beginning 20th April 2026.

However, the Inquiry was advised by the Scottish Government – in its capacity as the tenant for the hearing suite at Waverley Gate - that members of the public could not attend the hearing suite until safety issues relating to the building were resolved.

Lord Weir had initially proposed to go ahead with some of the section 1 hearings by holding them virtually.

The decision to postpone hearings instead was taken in response to concerns from some former patients of Mr Eljamel, who wished to be able to attend in person.

In concluding remarks to the procedural hearing, Lord Weir said: “I attach not only the utmost importance to public engagement with the inquiry, but also public attendance at its hearings.

“The offer to hold section 1 hearings with remote public attendance was motivated, I assure you, by the best of intentions.

“But the swift, immediate and understandable concern with which that offer was greeted simply serves to underline the importance of what must now be a default position going forward: namely, that substantive hearings must take place in a location to which the public have safe access.”

The procedural hearing included an oral submission from Alastair Duncan KC, who was appearing on behalf of Scottish Ministers as the sponsors of the Inquiry.

Mr Duncan told the hearing that the issues at the hearing suite in Waverley Gate relate to compliance with fire safety regulations.

The provision of safe premises to hold a public inquiry is “ultimately the responsibility of Ministers”, said Mr Duncan.

The current situation “is not of the Inquiry’s making” and the decision by Lord Weir to postpone evidential hearings was “not taken lightly and was taken responsibly”, added Mr Duncan.

He confirmed that Scottish Government officials had held talks with the building’s landlord on Wednesday 13th May 2026.

Mr Duncan said the landlord is procuring contractors to carry out the design, specification and works necessary to ensure the premises meets required building standards.

He said an “indicative timeline” for these works is being developed.

Mr Duncan said that a “Plan B” could involve the Inquiry making use of another hearing suite in Edinburgh, currently used by the Scottish Child Abuse Inquiry, but that the final decision on whether any alternative hearing space is appropriate would be for the Chair of the Inquiry to determine.

Mr Duncan added that the Scottish Government sponsor team will be asked to set out in writing for the Inquiry “a clear proposal of what would be required in relation to consideration of any alternative premises”.

The Inquiry awaits these updates from the Scottish Government. 

The Inquiry will keep its Core participants informed about developments and the planned hearings as soon as it can.

You can re-watch the Inquiry's procedural hearing in full on this page.