One feature of the Scottish Covid-19 inquiry which differs from its UK counterpart is that the Scottish Chair Lady Poole has commissioned early academic research into its terms of reference.

This has now been published and specifically covers the four areas of the Inquiry’s remit:

1. Public Sector Response
2. Financial and Welfare Support to Businesses and Individuals
3. The Provision of Health and Social Care Services
4. Education, certification, impact on children and young people.

The research findings adopted the same human rights based approach as the Inquiry and the reports have been published on the official Inquiry webpage.

While the research forms only one of the many sources the Inquiry will draw upon, the reports have important findings for each of the sectors covered – organisations in these areas should carefully consider the findings. The research will be used by the Inquiry to inform its early stage investigation, so potential participants should familiarise themselves with these reports now, and consider how the findings might apply to the organisations in question.

The Inquiry is now gearing up into its second phase, Investigation. As part of this, the Inquiry will be actively gathering evidence, which will include calls for written evidence, submissions and ultimately oral hearings. This is the critical next step, and organisations likely to be participants or who wish to make written submission of any sort should already be preparing relevant material and evidence for this stage. Likely participants should ensure that any potentially relevant evidence is protected and ringfenced from typical document retention or destruction cycles.  Internal resource should be identified and prepared accordingly to support the organisation in assembling relevant evidence, responding to any Inquiry requests and preparing relevant material and submissions.  This may include external legal assistance. This preparation can be framed against the research and in particular the areas highlighted within it that point to what the Inquiry may wish to probe further.

The UK wide Inquiry has adopted a different approach, recently opening its first investigation into how well prepared the UK was for a pandemic. The UK chair has also set out an ambitious timetable, with preliminary hearings starting this year, and the first witnesses to be called next spring.

Our experienced Inquiries team can help you take steps at the earliest stage to assess the impact of the research or investigation stage of the Inquiry, including advising on potential involvement in the Inquiry. We have significant experience preparing entities in advance of inquiries, and supported clients throughout the full life journey of an inquiry, from pre-commencement to recommendations, and onto subsequent litigation. We are experienced in managing responses to high profile inquiries and regularly work with boards and key stakeholders to identify liability, reputational and strategic risk. Our team also has experience in acting as Solicitors to a major Inquiry giving us a unique perspective from the other side.

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