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HEI ward closure powers

Vale of Leven Inquiry · The Vale of Leven Hospital Inquiry Report · Issued 24 November 2014 · Addressed to: Scottish Government

Government responseScottish Government: Accepted (Jun 2015)

DeliveryScottish Government says in progress (Feb 2016)

Recommendation, verbatim from the inquiry

●Inquiry recommendation

Scottish Government should ensure that the Healthcare Environment Inspectorate (HEI) has the power to close a ward to new admissions if the HEI concludes that there is a real risk to the safety of patients. In the event of such closure, an urgent action plan should be devised with the Infection Prevention and Control Team and management.

Vale of Leven Inquiry, The Vale of Leven Hospital Inquiry Report · 24 Nov 2014 Source PDF →

Published evidence summary

AI-generated evidence summary

The Inquiry recommended giving inspectors the power to close hospital wards to new admissions. In a policy note of January 2016, the Scottish Government Healthcare Quality and Strategy Directorate stated that secondary legislation gives Healthcare Improvement Scotland (HIS) the power to direct health boards to close hospital wards if there is a serious risk (Scottish Government, Feb 2016). The directorate's note described ward closure powers, but the recommendation's requirement for an urgent action plan is not mentioned in the sources (Scottish Government, Feb 2016). Earlier, in June 2015, Shona Robison, the Cabinet Secretary for Health, Wellbeing and Sport, had informed the Scottish Parliament that work was underway to introduce legislation giving HIS those closure powers (Shona Robison, Jun 2015).

Sources

Shona Robison, Jun 2015

AI-generated summary of the record on this page, checked by a second model and automatic checks, 1 Oct 2026.

Report-level response context

The Scottish Government accepted all 75 recommendations together, in its response published on 18 June 2015. The response states the acceptance in the Cabinet Secretary's foreword, in section 1.3 and in section 5.1, and repeats it for the recommendations on infection prevention and control (Chapter 3) and on nursing care (section 4.1). It is organised by theme, not by recommendation: Appendix 1 lists the chapter sections that relate to each recommendation, and no passage answers any one recommendation alone. The response shown is the acceptance in section 1.3, which covers all 75.

Government response

●Scottish Government · Accepted · 18 Jun 2015

Words of: Scottish Government, The Scottish Government's Response to the Vale of Leven Hospital Inquiry Report, section 1.3, 18 June 2015

The Scottish Government accepts its responsibility for the failings identified in the report and we apologise unreservedly for the suffering and loss caused. We accept in full all of the report's recommendations.

Extract from: The Scottish Government's Response to the Vale of Leven Hospital Inquiry Report

Delivery

●Scottish Government says in progress · 2 Feb 2016

This instrument is made in response to recommendation 1 of the Vale of Leven Hospital Inquiry Report which was to ensure that the Healthcare Environment Inspectorate (HEI) has power to close wards to new admissions if the HEI concludes that there is a real risk to the safety of patients. HEI is part of Healthcare Improvement Scotland (HIS) and currently undertakes inspections of NHS hospitals. The effect of this instrument is to give HIS power to direct Health Boards to close hospital wards to new admissions where HIS believes there is a serious risk to life, health or wellbeing.

From: Policy Note: The Healthcare Improvement Scotland (Delegation of Functions) Order 2016

Site note: From the Scottish Government's Policy Note, dated January 2016, to the Healthcare Improvement Scotland (Delegation of Functions) Order 2016 (SSI 2016/86). The date shown is the day the Order was made, 2 February 2016; its article 1 says it comes into force on 1 April 2016. The recommendation also asks for an urgent action plan when a ward is closed, which the Policy Note does not mention.

Earlier statements on delivery (0)

●Scottish Government · 18 Jun 2015

We are also working with Healthcare Improvement Scotland to introduce secondary legislation that gives HIS powers to close wards to new admissions when that is deemed necessary.

From: Vale of Leven Inquiry (Scottish Government Response), Shona Robison, Cabinet Secretary for Health, Wellbeing and Sport

Site note: From the Cabinet Secretary for Health, Wellbeing and Sport's statement to the Scottish Parliament on 18 June 2015, the day the Scottish Government published its response, and her answers to members' questions on it. On recommendation 31 the words are her answer to a question that quoted the recommendation; the question is the member's words, so it is not in the row.

How this page is built

The recommendation and the government responses are verbatim from primary documents. Delivery statements and other bodies' findings are shown in their own words, each with its source. The summary is written by this site and labelled as such. The Index does not paraphrase sources or characterise intent; it records what has been published.