NHS Fife bosses are refusing to say if they took legal advice on their chances of winning a controversial transgender changing room row tribunal.
Kirkcaldy nurse Sandie Peggie is suing the health board after she was suspended following a confrontation with trans doctor Beth Upton.
NHS Fife previously would not tell The Courier how much taxpayers’ money had been spent on the case so far.
The health board claimed it was exempt from needing to reveal the overall figure because it would involve disclosing personal information.
Now NHS Fife has used the same excuse to avoid confirming whether lawyers were consulted about the likely outcome of the case before the tribunal started.
Responding to a Freedom of Information request, the health board said: “Information relating directly or indirectly to an individual is personal information.
“Disclosure of information pertaining to individual members of staff would be in breach of confidentiality and data protection principles.”
Susan Smith, a director of gender critical campaign group For Women Scotland, accused the health board of evasion.
“We all know who’s involved in the case,” she told The Courier.
“Whether they got legal advice or not is the question, and that doesn’t touch on any personal information.
“It’s a straight yes or no answer. It looks like evasion.”
Mid Scotland and Fife Tory MSP Murdo Fraser said: “I can understand why NHS Fife would not want to release any legal advice, but there is no reason why they cannot disclose whether they obtained legal advice.
“Indeed, it would be remarkable if they had not given they were facing a tribunal case.”
The latest revelations spark further transparency questions for NHS Fife.
The health board was criticised for its refusal to reveal details of its spending for the Dundee tribunal so far.
It then transpired NHS Fife is not even paying the full cost.
The health board is covering “part” of the legal fees, while the rest is being covered by a national risk scheme to prevent financial losses.
NHS Fife originally tried to fight the case in private – and wanted Dr Upton’s identity to be kept anonymous.
This was rejected by a judge.
In another Freedom of Information response, NHS Fife said the decision to pursue the privacy angle was made alongside National Services Scotland’s legal team.
In a separate request, the national health body: “NHS National Services Scotland did not seek a Rule 50 Order to have the tribunal heard in private.”
NHS Fife has since confirmed to The Courier it is for the health board “to make applications relevant to proceedings”.
The tribunal began on February 3 and two weeks of evidence were heard.
Ms Peggie and Dr Upton both gave their own accounts of the changing room row on Christmas Eve in 2023 which sparked the controversy.
The hearing is set to reconvene in July.
A spokesperson for the health board said: “NHS Fife did not initiate the ongoing legal proceedings and is instead defending an action brought by the claimant in this case.”