Patients of the disgraced neurosurgeon Sam Eljamel have been left “anxious and suspicious” by the Scottish Government’s failure to explain why the first evidential hearings of the public inquiry into his actions have been delayed, a lawyer told a procedural hearing on Thursday.
Senior counsel to the inquiry Jamie Dawson KC said the absence of a public statement about the postponement had created a “vacuum” in which traumatised patients and their families were left “uninformed, anxious and suspicious”. He added that a prominent campaigner and core participant in the inquiry had described the lack of transparency as fuelling “confusion, concern, and inevitably, speculation”.
The evidential hearings – the stage at which witnesses give evidence under oath – were scheduled to begin in April 2026 but were postponed because of building safety concerns at the inquiry’s venue, Waverley Gate in Edinburgh. The delay has compounded the distress of former patients who allege Eljamel harmed as many as 200 people, some suffering life-changing injuries.
Building safety timeline: fire regulations and certification
The inquiry team first became aware of potential problems with the building’s compliance with fire safety regulations in November 2025, shortly after the opening statements had been heard. However, according to Mr Dawson, it was not until February 2026 that Lord Weir, the inquiry chair, was made aware that the issue posed a “real risk” to the safety of anyone attending hearings in person.
The concerns relate to fire safety regulations and certification at Waverley Gate, a building leased by the Scottish Government in 2024 and provided for use by the Eljamel Inquiry. Despite a safety inspection report from 2022 that gave the venue a clean bill of health, unresolved certification problems have led to the hold-up. Mr Dawson stressed that the issue was “outwith the inquiry’s control”, but he said the inquiry itself had been “largely as confused, uninformed and dissatisfied with this situation as the public, in particular patients, clearly have”.
The safety concerns mean that members of the public – including Eljamel’s former patients – cannot attend hearings in person. Lord Weir initially planned to proceed with virtual hearings and only limited in-person access, but he reversed course after a backlash from campaigners. A special hearing scheduled for 14 May 2026 to update patients was itself conducted virtually, with only inquiry team members present in the room.
Newly uncovered documents have indicated that Edinburgh City Council may have recommended against patients attending in person, despite the council’s own assertions that it was not involved in talks about Waverley Gate. Emails show council officials raised questions to the building’s landlord, which were then investigated by Scottish Government officials.
Government silence and apology
Alastair Duncan KC, representing the Scottish Government as sponsor of the inquiry, acknowledged that the situation was “deeply regrettable” and admitted there had been “deficiencies” in how the government reported the issues. He repeated the government’s apology for the failure to communicate the reasons for the delay in a timely and accurate manner.
Mr Duncan said talks were under way to resolve the fire safety and building warrant issues. He told the hearing that the government would write to the inquiry outlining a “plan B” for the venue, which may involve using the suite currently occupied by the Scottish Child Abuse Inquiry. The building has since been purchased by a new landlord, and the Scottish Government, as leaseholder, said it was “in discussions with the new landlord to seek a solution”.
A Scottish Government spokesperson said: “The Scottish Government fully recognises the pain and distress experienced by people impacted by Mr Eljamel’s practice. That is why we established the statutory public inquiry into the actions of Mr Eljamel and NHS Tayside to ensure patients obtain answers to their questions and that lessons are learned.”
Joanna Cherry KC, representing the Patients Group, disputed the inquiry team’s assertion that no alternative venue had been offered. She said it was “a matter of the greatest concern to the Patient Group that there will be any further delay because of the non-availability of a suitable suite for the September hearings”. She also criticised Mr Dawson for making what she called “harsh and unfair” remarks about the Patients Group’s legal team, Levy & McRae, saying the lawyers had not been given enough time to seek instructions from their large group of clients.
Background to the Eljamel scandal
The statutory public inquiry was established under the Inquiries Act 2005 after former patients of Sam Eljamel raised concerns that he had harmed as many as 200 people. It is investigating his professional practice, his appointment, clinical supervision, suspension and resignation at NHS Tayside’s Ninewells Hospital in Dundee, where he was head of neurosurgery from 1995 until his suspension in December 2013.
Eljamel resigned in May 2014 and removed himself from the General Medical Register the following year. He is believed to have returned to Libya to practise medicine there. The inquiry is also examining whether important information about his practice was concealed and whether the systems in place were adequate to protect patients. Its terms of reference have been described as “wide-ranging”, covering his entire career in Scotland and beyond.
It has emerged that Eljamel previously worked at the Walton Centre for Neurosurgery in Liverpool for four years, and also served as a medical advisor to the English health regulator, the Healthcare Commission, between 2007 and 2009. MPs have called for a UK-wide inquiry to examine potential failings in all areas where he practised. Concerns have also been raised about the destruction of key NHS Tayside records related to his tenure.
Parallel investigations and inquiry costs
Running alongside the public inquiry is an ongoing Police Scotland investigation, codenamed Operation Stringent, which was escalated to a “major investigation” in October 2023 with a specialist team assessing whether criminal charges can be pursued. An Independent Clinical Review (ICR) also offers former patients a personalised review of their care.
The inquiry has already incurred significant costs: a new contract worth nearly £1 million for additional lawyers was awarded before formal hearings began, and total spending had reached £2.8 million by December 2025. The Patients’ Action Group, established in December 2022, represents former patients and is a core participant in the inquiry, with Levy & McRae acting on their behalf.
Former Scottish Conservative MSP Liz Smith, who represents several former patients, said: “I am grateful to Jamie Dawson KC for his very detailed and lengthy statement this morning setting out the reasons for the unacceptable delay in the Eljamel public inquiry, specifically why the inquiry’s room in Waverley Gate was deemed to be unsafe. He has made it abundantly clear that the public inquiry team remains frustrated and deeply concerned by the Scottish Government’s failure to provide timeous and accurate information about the reasons behind the building safety problem. This is, yet again, a highly regrettable situation which brings yet more pain and suffering to the former patients of Sam Eljamel.”
