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FOI/202400425345 · FOI · unclear

Patient Safety Commissioner role: FOI release

Published
2024-10-11
Received
2024-08-06
Responded
2024-08-22
Directorate
Chief Operating Officer, NHS Scotland Directorate
Topic
Health and social care, Public sector
Exemptions
8, 2

Information requested

1. When the Scottish Government finally appoints a Patient Safety Commissioner will this individual have full regulatory powers to bring about a criminal investigation should the need for one arise?

2. Who will the Patient Safety Commissioner be accountable to?

3. Has anyone been interviewed at any point for this position?

4. What will the expected salary be for this position?

Response

The answer to your questions 1 and 2 are:

1. The Patient Safety Commissioner will be appointed by the Scottish Parliament. They will not have the powers to bring about criminal investigations. As detailed in section 8 to 11 of the Patient Safety Commissioner for Scotland Act 2023, the Commissioner will be able to carry out their own investigations into health care safety issues where they feel there is a necessity to do so. As part of such investigations the Commissioner can require information from any person which may be relevant to the investigation. They must prepare a report of the investigation which must contain recommendations in light of the investigation’s findings. Where recommendations are addressed to a particular organisation that organisation must provide a response. There is no mechanism in statute for the Commissioner to bring about criminal investigations.

2. The Patient Safety Commissioner is a Parliamentary Commissioner and will therefore be accountable to the Scottish Parliament.

While our aim is to provide information whenever possible, the Scottish Government does not have the information you have requested in questions 3 and 4. However you may wish to contact the Scottish Parliament at info@parliament.scot who may be able to help you. The reasons why we do not have the information are explained in the Annex to this letter.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Detected exemption language

As detailed in section 8 to 11 of the Patient Safety Commissioner for Scotland Act 2023, the Commissioner will be able to carry out their own investigations into health care safety issues where they feel there is a necessity to do so.

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