PHS FOI 2026-002337

Date of request
28 January 2026
Date of response
18 February 2026
FOI request ID
PHS FOI 2026-002337
  • Corporate information

Request

“As the Board will be aware, Gillian Russell, Director NHS Scotland Health Workforce Directorate, wrote to Board Chief Executives on 30th March 2025 [note amendment date of 30th September 2025 as per email dated 31st January 2025] in relation to the Supreme Court judgement of April 2025, setting out what government expected Boards to do.  In this regard, Ms Russell set out:

 Following the Supreme Court Ruling regarding the definition of ‘woman’ in the Equality Act 2010, my colleagues wrote to you on 30 May to bring to your attention to guidance for public bodies https://www.gov.scot/publications/uk-supreme-court-ruling-on-meaning-of-sex-inequality-act-update/.

 I am now writing to you to reinforce that message, and the importance of Boards ensuring that the law is followed, and the Supreme Court judgement implemented. It is important that Boards, as independent legal entities, seek their own legal advice and are confident that they are complying with the judgement and with all relevant legislation and regulations.

 In the context provided by Ms Russell’s letter and in terms of the provisions of the Freedom of Information [Scotland] Act 2002, I write to ask that the Board provides me with the following information:

  1. Has the Board obtained their own legal advice on complying with the judgement and with all relevant legislation and regulations, all as set out in Ms Russell’s letter of 30thSeptember 2025?
  2. If the answer to this is yes, can you please provide me with:
    • A copy of the legal advice obtained by the Board
    • The total cost to the Board of obtaining that advice
    • A copy of any planned actions, including timetables, the Board has drawn up based on the advice received and ensuring that the Board will be compliant, as an employer and as a service provider, with the judgement and with all relevant legislation and regulations.
    • A note of the total costs anticipated to the Board of changes needed to policy and practice to ensure compliance with the judgement and with all relevant legislation and regulations.”
  1. If the answer is no, can you provide me with a copy of the Board meeting minutes at which the Chief Executive reported receipt of Ms Russell’s letter and an explanation as to why the Board has not sought the legal advice recommended by government?
  1. In either scenario, has the Board flagged the reputational, financial and other risks associated with non-compliance with the judgement and with all relevant legislation and regulations, in the Board’s Corporate Risk Register?
  1. If yes, can you please provide me with a copy of the Corporate Risk Register entry.
  1. If no, can you please provide me with a copy of papers, emails and any relevant correspondence associated with a decision not to include the matter in the Board’s Corporate Risk Register.
  1. Copies of any progress reports on all of the above made to Ms Russell providing the ‘assurances on your work in this area’ as flagged in her letter of 30thSeptember 2025.”

 

 

Response

Last updated: 04 March 2026