The afternoon session of Peggie v Fife Health Board and Dr Upton is due to start at 2pm. We will be continuing with the examination of ED consultant Kate Searle (KS).
We begin.
JR Looking at the full Datix on p1227. Is that the doc u completed/ Who typed?
Myself
JR Who articulated?
We wrote it ogether filling in all the boxes.
JR Describing time and events [incident involving PC and GI]
KS I incl what we felt were the most important and
relevant details of why reporting
JR The policy says shld record all hate incidents. The witness interpreted as completing a Datix. Why did u feel that was necessary
KS My interp of the policy is it shld be on Datix as met defn of a HI
JR [reading re comparison w rapist in prison] DU's contemp records says [reads "it's just like that person in the prisons"] In Datix is an illusion about being similar to a rapist. Why write this and not the actual words?
She perceived as an insult to T person as compared to a
KS rapist. She felt it was a reference to that. So why interp as offensive or harassing phrase in the Datix
JR Whats harrassing or offensive about it
KS To be compared as a T IDed M to being like a rapist is extremely extremely offensive
JR Re earlier incidents?
KS Refers to 2 prev incidents I mentioned earlier where nurse hadnt responded in a work comms situation as expected. As opposed to non clinical communication that has nothing to do w patients
JR What were the motivating factors in HI. Why was GR felt a motivating factor?
KS By the Qs asked re chromosomes, why are u in the CR. Felt was the motivation for this interaction. No other reason for approaching her and makes it a HI under the policy. As is a PC in the policy
JR what action did u take then
Referal to occ health, ensured support outside work and looked at shift patterns to ensure no crossover until further Ix undertaken. Informed my consultant colleagues as we have joint responsiblity. And cldnt guarantee a mtg due to Xmas
KS SO we cld all support Beth if she felt unable to work or if she needed any support.
JR Can u estimate how many colleagues
19 at that time
JR Can you read "Beth was approached" Why say this?
KS Beth perceived active confrontation, was aggressive in manner
JR why did u say this [new page]?
KS We always support a jr dr in distress and condemn any actions against anyone defined as abusive or harassment. Patient or colleague.
JR Describe yr reporting of events? How did u do
KS Thought doing the best for her safety
KS Had no reason to think it wasnt true so reported what I believed was true.
JR U felt it was important for yr collegaues to know Why?
We are a close team and anything that threatens wellbeing of staff. And have to think of serice rota and make sure it is covered. If someone
KS phoned distressed they wldnt need to explain
JR Why imp for the 2 not to meet?
KS She'd met SP in the am of the shift trying to keep to her shifts, and having bumped into her she was v upset, feeling v threatened - just from seeing her. we had to ensure they didnt see each
other again
JR Did u talk to SPs manager re shifts?
KS I spoke to ? about shifts
KS We checked the rotas for the coming month
JR Any contact w IB in this time?
KS Nothing verbal. An email to say had Datix, and she agreed w the Datix and referral as event sounded
discriminatory. She advised reporting it to HR.
JR What further suggestions did u make?
KS I advised her lodging formal Cx with her LM Melvin Carew.
JR Yr email [reads re shift patterns and checking w Louise] Can u give detail re drs rota?
KS It's done 6 months in advance several months in advance. So Beth's rosta was already complete until Aug 24.
JR How cld a change be done to rota?
KS Sometimes u can swap, but difficult at the time but tricky as Beth cldnt tell anyone why she wanted an informal swap.
Formal swaps tricky as no gaps in the rota as it's tight. It's hard to fill gaps
JR Yr email to ED, LC and Lauren: you discuss rota and no crossover shifts until Jan.
KS I compared the shifts of them both. Did u need to move anyone then?
JR Did u need to move?
NO
JR Why cc to Lauren and ?
KS As they're responsible for the nurses rota
JR [new page] Email from Maggie to you re formal Gx from HR where she talks about another where dr was racially abused. Why did she mention this?
KS Beth was going to think about it but I dont think she did report it
JR Yr email to Beth at 12.20: 1st bullet point -why did u say this?
KS Cos all of the consultants and senior nurses agreed w me that we condemned these actions
Why?
KS Cos no member of staff shld be subject to verbal abuse or harassment, in their place of work or outside work.
JR In Jan on p281, IB emails u on her return and suggested a chat
KS That didnt happen verbally
JR A response from a consultant to yr email. What did u make of it?
KS It confirmed my views re abuse and it's more upsetting from a collegue.
JR Did u discuss the Sx with ED before it happened?
KS We discussed the event, the 2 prev events which we wondered if a risk to pat
KS safety
JR When did this discusssion take place?
KS I dont recall exactly?
JR Where?
KS In the charge nurse office in ED
JR ANyone else there?
KS No. Just me and ED
JR [new page] Email 5 Jan to you refers to the NMC. Can u explain anything about it?
KS I dont recall
KS Like the GMC, we have to act w/out discrim and with kindness and compassion at all times. I dont recall this nor know if a referral to NMC was made.
JR {new doc] Response from MC to the consultants: what did u make of it?
KS He was informing us it was being taken forward and Ix.
JR [new doc] You to DU, MC, LH, LC and ? Why did u inform DU about this and who was taking the lead?
I was concerned she didnt know it was being taken forward re this v serious incident
JR DU Replies and thnx for update
[From Feb] I believe ED as charge nurse and sr nurse mger was starting the Ix into events.
JR From March: again giving DU an update. Why?
KS another 2 months ahd gone past and trying to manage them not mtg for her wellbeing. Has been little info re how a serious HI was being
taken forward. May have been when DU wasnt at work
JR When did DU go off sick? Approx?
KS I dont know. Off sick cos of stress and anxiety from the event.
JR What further involvement?
KS Wellbeing support and as a witness for the Ix
JR Is this your interview statement from the Ix
KS Yes
J We'll have a 5 min break?
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Welcome to part 2 of the morning session in the final day of For Women Scotland vs Scottish Ministers challenging the Scottish Prisons policies. Part 1 is here, with a full list of abbreviations and background to the case
Good morning. Today we will be live-tweeting the third (and final) day of hearings in the Judicial Review brought by @ForWomenScot against @ScotGov in relation to their prisons policy. The hearing will begin at 10.00am
We will be returning to the second morning session of the JR of FWS v Scottish Ministers on Prison Guidance at 12.10pm.
The earlier session and abbreviations are here:
We anticipate Janys Scott KC (JS) counsel for the EHRC next.
J Just a moment. Good pm JS
JS I appear on behalf of EHRC. Much like KB am not on behalf of either party
J I'm v greatful to your response to the invitation
JS I am appearing instead of Dean of Faculty and have set out my args on a piece of paper. I am using terminilogy of FWS SC
We will shortly be reporting day 2 of For Women Scotland vs Scottish Ministers Judicial Review at the Court of Session.
The planned start time is 10 am and we anticipate will start with Tony Convery discussing the Prison's Guidance documentation.
We are a volunteer collective of citizen journalists.
Please follow us on X, on our second account tribunaltweets2, on our Substack and consider subscribing there.
Good afternoon. We will be reporting from For Women Scotland vs Scottish Ministers Judicial Review. Planned start time is 2:00 pm.
Our coverage from earlier sessions and background plus links to relevant documents can be found here on our substack. open.substack.com/pub/tribunaltw…
Abbreviations
FWS/P - petitioners, For Women Scotland
SM/R - respondent, Scottish Ministers
AO - Aidan O’Neill KC for petitionersTC - Tony Convery, Advocate for petitioners
GM - Gerry Moynihan, KC for respondent
LI - Lesley Irvine, advocate for respondent
J - Judge - Lady Ross
Welcome to part 2 of the morning session on the first day of For Women Scotland vs Scottish Ministers, re Scottish prisons. The first part of the morning session is here