How the Inquiry operates

Inquiry aims and objectives

The Scottish COVID-19 Inquiry is investigating, independent of government, the devolved strategic response to the COVID-19 pandemic. The scope of this investigation is set out in its Terms of Reference.

Following a robust and wide-ranging investigation, the Inquiry will report its findings to Scottish Ministers, including a factual record of the key strategic elements of the handling of the pandemic, identify lessons for the future, and make recommendations. 

The Scottish COVID-19 Inquiry is a statutory public inquiry, which 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 compel production of documents. Together, they provide the legal framework which governs the Inquiry. 

The Inquiry will consider all evidence provided to it which is within the scope of the published Terms of Reference. The Inquiry will only make findings based on that evidence. 

The Inquiry Chair's role

As Chair of the Inquiry, Lord Brailsford acts in an independent capacity and is supported by the Inquiry Solicitor, Counsel, legal team and secretariat. 

The Chair is responsible for implementing the Inquiry’s Terms of Reference and deciding its procedures, subject to a statutory duty to act fairly while avoiding unnecessary costs. 

It is for the Chair to decide how best to fulfil the Terms of Reference and conduct the investigation. 

The Chair supervises the running of the Inquiry and is responsible for delivering the final report to Scottish Ministers. The Chair cannot make any findings of civil or criminal liability, nor can he award any compensation.

UK Covid-19 Inquiry

Approach to the Terms of Reference

The Terms of Reference do not attempt to present a definitive list of every issue that the Inquiry will consider. Instead, they specify areas of investigation which the Inquiry will interpret flexibly. 

The Scottish COVID-19 Inquiry is investigating the devolved strategic response to the COVID-19 pandemic in Scotland. This means it can only investigate policy areas under the control of the Scottish Government. It is not entitled to investigate areas under the control of the UK Government.

The Inquiry's Terms of Reference

Last updated: 28 October 2022. 

Aim

1. The aim of this inquiry is to establish the facts of, and learn lessons from, the strategic response to the COVID-19 pandemic in Scotland.

Scope

2. To investigate the strategic elements of the handling of the pandemic relating to:
   1. ​​​​​​pandemic planning and exercises carried out by the Scottish Government;
   2. the decisions to lockdown and to apply other restrictions and the impact of those restrictions;
   3. the delivery of a system of testing, outbreak management and self isolation;
   4. the design and delivery of a vaccination strategy;
   5. the supply, distribution and use of Personal Protective Equipment;
   6. the requirement for shielding and associated assistance programmes, provided or supported by public agencies;
   7. in care and nursing homes: the transfer of residents to or from homes, treatment and care of residents, restrictions on visiting, infection prevention and control, and inspections;
   8. the provision of healthcare services and social care support, including the management and support of staff and the recognition, involvement and support of unpaid carers;
   9. the delivery of end-of-life care and the use of DNACPR (do not attempt cardiopulmonary resuscitation decisions);
   10. welfare assistance programmes, for example those relating to benefits or the provision of food, provided or supported by public agencies;
   11. the delivery of education and certification; and
   12. financial support and guidance given to businesses and the self-employed, including in relation to identification of keyworkers, by public agencies.

Reporting

3. To create a factual record of the key strategic elements of the handling of the pandemic.
4. To identify lessons and implications for the future, and provide recommendations.
5. To demonstrate how a human rights-based approach by the inquiry has contributed to the inquiry's findings in facts and recommendations.
6. To provide reports to the Scottish Ministers as soon as practicable.

Interpretation

7. When interpreting and applying these terms of reference:
   1. in relation to points 2(b) to 2(l), investigations will cover the period between 1 January 2020 and 31 December 2022
   2. the inquiry will, as the Chair deems appropriate and necessary, consider the impacts of the strategic elements of handling of the pandemic on the exercise of Convention rights (as defined in Section 1 of the Human Rights Act 1998)
   3. the inquiry will, as the Chair deems appropriate and necessary, consider any disparities in the strategic elements of handling of the pandemic, including unequal impacts on people
   4. the inquiry can consider only “Scottish matters” as defined in section 28(5) of the Inquiries Act 2005
   5. the inquiry respects the independent role of the Lord Advocate in relation to the prosecution of crime and the investigation of deaths in Scotland
   6. the inquiry must make reasonable efforts to minimise duplication of investigation, evidence gathering and reporting with any other public inquiry established under the Inquiries Act 2005

Translations

• Urdu translation (PDF)
• Simplified Chinese Translation (PDF)
• Polish Translation (PDF)
• Punjabi Translation (PDF)

List of issues being investigated by Term of Reference

The Inquiry has published a list of the issues it is investigating under each of its Terms of Reference. The issues the Inquiry will be investigating are outlined with reference to the 12 areas set out in Terms of Reference 2(a) to (l).

Expert witnesses

Part of the Inquiry's investigations includes commissioning reports from independent experts who provide their own professional opinion about what happened during the pandemic. Some expert witnesses may also be asked to give oral testimony at a public hearing. Their professionally informed views do not pre-empt the conclusions and recommendations the Inquiry will ultimately make.

Voluntary calls for evidence

The Inquiry has selected individuals and organisations to voluntarily provide documents and evidence under Rule 8 of the Inquiries (Scotland) Rules of 2007. 

Mandatory calls for evidence

The Inquiry has also served notices under Section 21 of the Inquiries Act of 2005. These are mandatory requests to individuals or organisations to provide relevant documents and evidence to the Inquiry. 

In both cases (voluntary and mandatory calls for evidence), the information provided is analysed by the Inquiry’s legal team, considered by the Chair, and may be referred to in witness testimony.

Witness testimony

The Inquiry is taking written witness statements from people and organisations. These statements may be published on the Inquiry’s website. Some witnesses will also be asked to attend a public hearing to provide oral evidence based on their statements. Hearings are chaired by Lord Brailsford.

Academic research

The Inquiry has commissioned external, independent academic research into what happened during the pandemic. 

These reports, which are published on the Inquiry’s website, contain the views of their authors and are not binding on the Inquiry.

Let’s Be Heard

The Inquiry’s public participation project, Let’s Be Heard, is the main way in which people have contributed to the Inquiry. Let’s Be Heard aims to give a voice to as many people across Scotland as possible and invited people to share their experiences of the pandemic, highlighting any lessons they think should be learned. 

More than 11,000 people engaged with the Inquiry through Let’s Be Heard between May 2023 and November 2024. These experiences will guide the Inquiry’s investigations and can help identify potential witnesses for our hearings.

Let's Be Heard has finished gathering experiences and will publish a final report based on its findings. An interim report was published in November 2023.