SHI-4 Accepted

Standard form for derogations from guidance

Scottish Hospitals Inquiry · Scottish Hospitals Inquiry Interim Report · Issued 4 March 2025 · Addressed to: NHS Scotland Assure

Source — verbatim from the inquiry

Inquiry recommendation

The evidence before the Inquiry from the public sector (including NHSL), and industry, indicated that a standard form of derogation for use throughout the NHS in Scotland would be beneficial. This would ensure that derogations are captured and recorded in a uniform way. This would result in consistent and uniform practices. It would also bring clarity to how and why a derogation is agreed and ensure that the approval of all parties is recorded in an appropriate and familiar way.

I would accordingly recommend that NHS Scotland Assure, in exercise of its guidance function, prepare and issue a suitable standard form for a derogation to be used by healthcare organisations throughout Scotland.

The precise structure of such a standard form would be for NHS Scotland Assure to determine, following consultation with stakeholders but, having regard to the evidence available in the report dated 10 June 2024 by the Inquiry's expert, Andrew Poplett, my expectation would be that it would be of the nature of a template for a readily accessible document held in a database or other digital file which records: the facility or operation which is the subject of the derogation and its current application; the provision being derogated from; the precise extent of the derogation; the reasons for the derogation; the predictable consequences of the derogation; and the mitigation put in place to ensure a degree of safety no less than if the relevant guidance had been followed. The standard form might incorporate or otherwise include a decision-making algorithm such as the questionsets prescribed for the HAI-SCRIBE process under SHFN 30.

Scottish Hospitals Inquiry, Scottish Hospitals Inquiry Interim Report · 4 Mar 2025 Source PDF →

Published evidence summary

Publicly available evidence relating to this recommendation:

- On 13 March 2025, Cabinet Secretary Neil Gray MSP accepted this recommendation (Scottish Government Parliamentary Statement, 13 March 2025).
- No published standard form of derogation for use throughout NHS Scotland has been identified to March 2026.

Response — verbatim from government

NHS Scotland Assure

All 11 recommendations accepted by Cabinet Secretary Neil Gray MSP on 13 March 2025.

NHS Scotland Assure · 13 Mar 2025 Written response →

Evidence trail — what's actually happened since

  • 13 Mar 2025 Cabinet Secretary Neil Gray MSP accepted all 11 recommendations in a parliamentary statement on 13 March 2025. Source →

Each entry above links to a primary source — gov.uk written statement, consultation response document, or inspection report. The Index does not characterise government intent; it tracks what has been published.

How this page is built

Source and Response are verbatim from primary documents. The Evidence trail records published activity since — written statements, consultation outcomes, inspection findings, parliamentary references. The Index does not paraphrase or characterise intent; it tracks what has been published. Where the evidence is the absence of action (a missed deadline, a slipped timetable), that absence is documented from primary sources rather than inferred.

This recommendation's data is verified periodically against primary sources. The Index is monitored for staleness weekly.