Frequently asked questions

The Inquiry is investigating the devolved strategic response to the COVID-19 pandemic in Scotland, including its impact on the provision of health and social care, education, business, finance and welfare support, as set out in its Terms of Reference. It has been tasked with investigating the period from 1 January 2020 to 31 December 2022. 

The Inquiry is chaired by The Hon. Lord Brailsford. The Chair, who acts in an independent capacity, leads the investigations and decides on findings and recommendations, in accordance with fairness and the need to avoid unnecessary cost. 

Before setting up the Inquiry, Scottish Ministers consulted on the Terms of Reference, and a consultation report was produced by the Scottish Government. Scottish Ministers published the Inquiry’s Terms of Reference on 14 December 2021. Following Lord Brailsford’s appointment, the Inquiry’s Terms of Reference were amended to make explicit reference to taking a human rights-based approach. The updated Terms of Reference were published on 28 October 2022.

The Freedom of Information (Scotland) Act 2002 does not apply to public inquiries. The Inquiry is committed to conducting itself in an open and transparent manner. This includes providing information and updates on this website and livestreaming its hearings. 

The Inquiry was announced in the Scottish parliament in December 2021 and set up on 28 February 2022. As is the case with all public inquiries, it has had to be built from scratch. It is not possible to say how long the Inquiry will take to reach its conclusions, but it will report as quickly as practicable, while ensuring it conducts a robust, independent investigation, establishes the facts and identifies lessons that need to be learned so that Scotland is better prepared in future. 

The Inquiry has recently concluded its hearings on the health and social care impacts of the COVID-19 pandemic in Scotland. 

People living in Scotland are governed by laws made under powers devolved to the Scottish Government and Parliament, and laws made under powers reserved to the UK Government and Parliament. The response to the pandemic involved both Scottish and UK authorities. 

In December 2021, Scottish Ministers announced an inquiry would be held for devolved matters only, with specific Terms of Reference that related to the Scottish response. The UK Government announced on June 2022 the Terms of Reference for the UK Covid-19 Inquiry, covering both devolved and reserved matters. 

Both inquiries have signed a Memorandum of Understanding, an agreement setting out how they will work together. The agreement includes commitments to providing clear information to the public about how each inquiry will conduct its investigations in Scotland, minimise duplication of work where possible and maximise value for money to the public purse.

It is not possible to estimate the final cost of the Inquiry at this stage. The Chair has a legal duty to avoid unnecessary costs and the Inquiry has been publishing its costs quarterly to remain open and transparent. 

Let’s Be Heard: Sharing Scotland’s COVID Experience is the Scottish COVID-19 Inquiry’s public participation project. Everyone who lived in Scotland, or was affected by decisions made in Scotland, during January 2020 and December 2022, is invited to take part in Let’s Be Heard. The project provides an opportunity for people to share their experiences of the pandemic and any lessons they believe should be learned from the devolved strategic response to COVID-19. Further details on how to participate can be found on the Let’s Be Heard online platform. 

Let’s Be Heard will analyse the experiences people share, provide guidance, and help steer the investigatory work of the Inquiry’s legal team, Counsel and the Chair from an early stage. This means people’s experiences will play an important role in informing the Inquiry’s investigative approach. 

Let’s Be Heard will also play a crucial role in informing the Inquiry’s reporting and recommendations to Scottish Ministers and will publish a series of its own reports on the Inquiry’s website. 

The Inquiry has recently concluded its hearings on the health and social care impacts of the COVID-19 pandemic in Scotland. 

Impact hearings on the education, certification and the business, welfare and finance themes will follow, before the Inquiry moves on to looking at implementation across all three themes. 

More information about the structure of the Inquiry’s hearings can be found on the Hearing structure and sequence page.  

Members of the public can attend hearings, though places are limited. Information on how to obtain a place at a hearing will be published on the Inquiry’s website in advance. Hearings are also broadcast on the Inquiry’s YouTube channel, so that everyone can follow proceedings.  

Hearing transcripts are published on the Hearings and Presentations page, under the relevant sub-page for each day. 

Evidence documents, including witness statements, are published on the Document and Evidence Library page. 

The Scottish COVID-19 Inquiry is a statutory inquiry. That means it is established under the Inquiries Act 2005. That Act and the Inquiries (Scotland) Rules 2007 contain a range of legal provisions, including provisions about Terms of Reference, and powers to summon witnesses to give evidence on oath and to compel the production of documents. Together, they provide the legal framework which governs the Inquiry. 

Public inquiries do not decide civil or criminal liability. They do not award compensation. The responsibility for that lies with courts or tribunals. Instead, inquiries investigate the matters entrusted to them in an inquisitorial way.  

The Inquiry will not determine any criminal liability. It is prohibited from doing so under the Inquiries Act 2005. The Crown Office and Procurator Fiscal Service (COPFS) has a role in investigating deaths. It has a dedicated Covid-19 Death Investigation Team and has published information for bereaved families. The Scottish COVID-19 Inquiry respects the independent role of the Lord Advocate in relation to the prosecution of crime and the investigation of deaths in Scotland, as required by its Terms of Reference. The Scottish COVID-19 Inquiry will fulfil its Terms of Reference by investigating all matters entrusted to it and making findings and recommendations.  

Where an individual, group or organisation has a significant interest in the Inquiry, the Chair may designate them as a core participant. Core participants have some additional rights, as described in the Inquiry’s core participant protocol. Please note, you do not need to be a core participant to be involved in the Inquiry. 

A list of the Inquiry’s core participants and the core participant protocol can be found on the Core Participants page. The core participant and funding application process for the Inquiry’s health and social care impact investigations concluded in April 2023. 

It is anticipated that the Inquiry will, at a later date, invite applications from parties with an interest in its investigations relating to education, certification and young people, then for those with an interest in business, finance and welfare.  

Regular updates on the Inquiry's progress are published on this website. Hearings are broadcast on the Inquiry’s YouTube channel. Members of the public can also sign up to receive news updates directly from the Inquiry.  

For general enquiries and correspondence to the Chair, you can email the Inquiry at contact@covid19inquiry.scot, or write to Freepost SCOTTISH COVID-19 INQUIRY. For media enquiries, please email media@covid19inquiry.scot.