Covid-19 Inquiry

The UK Covid-19 Inquiry is now well underway. First announced by the Prime Minister on behalf of the UK Government in May 2021, the statutory inquiry into the pandemic will address both the UK Government’s response to the Covid-19 pandemic and, in certain circumstances, will also address the responses of the devolved nations.

The UK Inquiry should only address evidence wholly or primarily concerned with Scotland, Wales or Northern Ireland where this has been consulted on, and usually agreed with, the appropriate local administration. It will be interesting to see as evidence develops whether this is practicable and how any overlap will be managed effectively.

You can read updates on the evidence heard in Scotland here.

UK Covid-19 Inquiry process

The UK Inquiry is working at pace, with five modules currently active:

Resilience and preparedness
Impact of Covid-19 pandemic on healthcare systems in the four nations of the UK
Vaccines and therapeutics
Procurement
Care sector

Future modules currently planned include, as a minimum:

Testing and tracing
Government’s business and financial responses
Health inequalities and the impact of Covid-19
Education, children and young persons
Other public services, including frontline delivery by key workers.

Scottish Government Covid-19 Inquiry planning and process

The Scottish Government launched an independent judge-led inquiry to investigate the handling of the Covid-19 pandemic in late 2022 in Scotland. Scotland was the first devolved administration to announce a regionally focused inquiry into the handling of the pandemic.

The strategic areas addressed by the Scottish Covid-19 Inquiry are wide ranging, potentially impacting a huge number of businesses, public bodies, and individuals. Following a government consultation exercise and stakeholder engagement during the course of Autumn 2021, the Scottish government announced the full terms of reference for the inquiry in December 2021 in the form of 12 strategic areas:

pandemic planning and exercises carried out by the Scottish Government
decision to lockdown and to apply other restrictions
delivery of a system of testing, outbreak management and self isolation
design and delivery of a vaccination strategy
supply, distribution, and use of Personal Protective Equipment
requirement for shielding and associated assistance programmes, provided or supported by public agencies
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
provision of healthcare services, including the management and support of staff
delivery of end of life care and the use of DNACPR (do not attempt cardiopulmonary resuscitation decisions)
welfare assistance programmes, for example those relating to benefits or the provision of food, provided or supported by public agencies
delivery of education and certification
financial support and guidance given to businesses and the self employed, including in relation to identification of keyworkers, by public agencies.

The Scottish inquiry has had some setbacks, with a change to the Chair, and the new Chair being unable to hear evidence until May due to ill health. However it continues its work gathering evidence for the next public hearings.

As the inquiries develop, with public hearings of evidence and interim publications, it is important to continue to monitor developments. A key early consideration for entities potentially impacted by a Scottish or UK statutory inquiry into the handling of the Covid-19 pandemic will be understanding how the terms of reference may be relevant to them, and how the public airing of related issues will impact the sector. It is important that entities that might have even tangential involvement are fully briefed on the development of the inquiry to manage risk and avoid press or reputational damage.

Our team is experienced in managing responses to high profile inquiries and regularly work with boards and key stakeholders to identify liability, reputational and strategic risk. This will be fluid as the inquiry direction and focus become clearer.