Sandie Peggie: NHS Fife ‘petulant’ statement sparks huge backlash, crashes website
NHS Fife’s bid to clarify its position in the trans doctor tribunal has descended into chaos after a lengthy public statement sparked an instant backlash.
The health board’s website crashed after the 1700-word document was posted late on Friday afternoon - and that was just the start of its problems.
The statement was amended twice in a matter of hours as it rowed back from a direct attack on campaign group Sex Matters which it accused of "steering public opinion" against it, while also facing mounting criticism of its detailed content, with lawyers for nurse Sandie Peggie branding it “irresponsible” and Scotland’s Information Commissioner condemning its “petulant tone.” He could report the board to the Court of Session as a contempt of court.
The judge hearing Ms Peggie’s employment tribunal said he would assess the statement before making any public comment.
The document was intended as NHS Fife’s response to a number of key questions surrounding the high profile tribunal.
Nurse Peggie was suspended last year after objecting to Dr Beth Upton, who is a trans woman, using female facilities at Kirkcaldy’s Victoria Hospital. Her tribunal re-started in Dundee this week after a five-month break, but before the first witnesses were called, it emerged that the health board had cleared her of allegations of gross misconduct. Ms Peggie has opted to continue with the hearing which still has a full week to run, with senior figures within the health authority called to give evidence.
NHS Fife said it released its statement to “provide clarity around some of the misinformation circulating on social media and being reported in the wider media” about the case, and in answer to pointed questions from the media, politicians and staff members.
The board said it recognised the clear public interest in the tribunal, and of scrutiny of it actions as a public body, but said staff were coming under “unacceptable” attacks,
But it quickly became a PR car crash as politicians, commentators and a number of groups all responded with sharp criticism.
David Hamilton, Scotland’s Information Commissioner, attacked its “petulant tone” and said he would investigate whether it amounted to contempt in relation to assurances given to him regarding Freedom of Information (FOI) compliance. He said: “The petulant tone of NHS Fife’s latest statement is quite remarkable, but it is the content that concerns me most.”
An attack on Sex Matters - the campaign group which is supporting Ms Peggie’s case - also backfired.
While the board said it was restricted in what it can and cannot say publicly, its first statement singled out the group for criticism, suggesting it had “steered public opinion” - in the same paragraph it highlighted "unacceptable personal attacks and trolling on social media" with a threat of physical harm and sexual violence leading to police involvement.
The amended statement said: “ To be clear NHS Fife is not seeking to suggest that anyone involved with Sex Matters have contributed to the behaviour or issues mentioned above.”
A health board spokesperson said: “The section of our previously issued statement relating to the involvement of Sex Matters in the case has been removed. This decision was made following discussion with the claimant’s legal team. This should allow the tribunal to proceed as per the original schedule when it resumes on Monday.”
Maya Forrester, chief executive of Sex Matters, described the statement as an “extraordinary intervention - even by the board’s standards” and added: “NHS Fife has dug itself into a reputational black hole. If the only way forward the board can see is to lash out, criticising Sex Matters, which has, at all times acted with proprietary and in pursuit of its charitable objectives, that suggests desperation.”
NHS Fife’s statement came at the end of the first week of the second half of Ms Peggie’s tribunal which has attracted huge media interest.
The board said it recognised the clear public interest in the tribunal, and of scrutiny of it actions as a public body, but said staff were coming under “unacceptable” attacks,
It stated: “There has been significant and very polarised debate on social media regarding the case and associated issues, throughout. In some cases, however, what began as debate has evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland.
A spokesperson for Police Scotland confirmed it had received information which was “being assessed.”
The health board said: ““We value the contribution of every member of staff and the diversity that strengthens our teams, services, and care. Our staff are committed professionals, and we are proud of the work delivered across NHS Fife every day. At this critical time, it is essential they remain focused on providing high-quality care and services without being subjected to unacceptable personal attacks and trolling on social media.”
An earlier version of this story stated Sex Matters was funding Nurse Peggie’s case – it is providing support in other ways. Our article has been amended.