The Inquiry has set up - what happens now?

On April 3 2025, the Eljamel Inquiry was formally set up after its Terms of Reference were finalised by the Cabinet Secretary for Health and Social Care, Neil Gray.

This is a pivotal moment in the progress of a public inquiry. It means that, for the first time, the Inquiry has the powers necessary to begin gathering evidence.

This is when a public inquiry begins its investigative work.

However, the work to prepare for this milestone began as soon as the Inquiry was announced. 

In Scotland, public inquiries are established each time from scratch.

A Chair must be found to head up the inquiry, and Counsel – the lawyers who you will see questioning witnesses during oral hearings – are appointed to lead on the evidence.

The Eljamel Inquiry is being chaired by Lord Weir, with Jamie Dawson KC as Senior Counsel.

Behind the scenes, inquiries rely on a much wider team of solicitors to help gather and manage evidence. In addition, other important staff are needed to procure things like office space, hearings venues, and website building. 

All of these people have to be recruited.

Before an inquiry can be set up, the Terms of Reference also have to be drafted and finalised. The Terms of Reference define what will be investigated by the Inquiry. 

A timeline of the Inquiry so far:  

• 7 September 2023: Michael Matheson announces public inquiry
• 29 February 2024: Lord Weir appointed to chair the Inquiry
• 14 September 2024: Public consultation begins on the Inquiry’s Terms of Reference
• 3 April 2025: Eljamel Inquiry is set up

Evidence gathering

As soon as the Eljamel Inquiry set up, the process of evidence gathering began.

Correspondence, known as ‘Requests for Information’ (RFI’s), is being sent out to all organisations and individuals who are believed to hold documents and evidence relevant to the Inquiry.

These can be followed up by more formal requests, known as Rule 8’s. 

If material requested by the Inquiry is not provided voluntarily, then the Inquiry can use its powers under Section 21 of the Inquiries Act (2005) to compel organisations and individuals to hand it over. 

Failure to do so without a “reasonable excuse” is an offence which can be referred to the Court of Session for enforcement.

The Eljamel Inquiry is unusual because it is running alongside a separate process, known as the Independent Clinical Review (ICR). 

The ICR, led by Professor Stephen Wigmore, is open to all former patients of Mr Eljamel who were treated by him while he was working in Tayside between 1995 and 2014.

Its purpose is to provide case reviews for these patients. These reviews will be carried out by independent expert neurosurgeons, appointed by the ICR, who will evaluate the quality of the treatment and care provided to patients.

Those who choose to participate will also be able to share their experiences with the ICR in writing by completing an applicant statement.

These statements, together with the neurological reviews, will provide important clinical evidence to inform the work of the Inquiry.

More information on the ICR, and how to register if you are a patient, can be found here. 

Documents

There is no limit to the volume of documents an inquiry can receive during evidence gathering. 

Some inquiries will handle thousands of documents – some millions. This could range from emails and employment contracts to medical records.

It is difficult to predict how much material will be received, and how long it will take to process.

Dozens of documents have already come in.

The Inquiry’s legal team will sift through the evidence as it arrives to pinpoint what is useful, who else might hold relevant evidence, and what other material the Inquiry should seek.

This information will be used to help to identify individuals from whom written witness statements should be taken.

Each document received by the Eljamel Inquiry will be catalogued with a unique reference number identifying the organisation or individual who provided it. 

These will be uploaded into a secure database where they can be accessed for use by the Inquiry.

Core participants

One of the first priorities following set up is to determine who will be given Core Participant (CP) status.

CP’s are individuals or organisations considered to have a “significant interest” in the work of the Inquiry.

CP’s have special rights and responsibilities. For example, CP’s – and their legal representatives – are entitled to see evidence gathered by the Inquiry.

They may receive copies of the Inquiry’s final, and any interim reports, before they are published.  

They can also suggest witnesses who should be called to give evidence during hearings; make opening and closing statements to the Inquiry; and make suggestions as to what questions should be put to witnesses.

The Eljamel Inquiry will also invite CP’s to contribute to the ‘List of Issues’ – a much more detailed picture of what should be investigated under the Terms of Reference.

Initial applications for CP status should be submitted by May 2 2025. The list of CP’s is expected to be confirmed before the end of May, and will be published here. 

Preliminary hearing

A preliminary hearing is often the first significant, public milestone after set up.

This is an opportunity for an inquiry to explain what it has done so far, what it plans to do next, and what the purpose of the inquiry is.

A preliminary hearing can also be used by an inquiry to hold people or organisations to account, publicly, if they have failed to provide material requested.

Core participants can also have their say during a preliminary hearing.  

The Eljamel Inquiry is currently preparing for a preliminary hearing. A date will be announced shortly.

Work is also underway to timetable dates and venues for later hearings, including setting aside a day for opening statements from Core Participants.

Evidential hearings

The next major step for the Inquiry will be full public hearings. These are expected to begin before the end of this year.

During these hearings, witnesses will give evidence under oath. These will be individuals who have an important contribution to make to the Inquiry’s investigations and findings.

Evidential hearings are usually split into blocks, typically lasting around three or more weeks.

These hearings will be held in Edinburgh. Members of the public can attend.

Proceedings will also be live-streamed for those who wish to watch the hearings online.