Here to help: The public inquiry into the pandemic response and what it means for members

The Prime Minister recently announced that the Government will hold an independent public inquiry in relation to the Government and public sector response to the COVID-19 pandemic. The purpose of the inquiry is to provide transparency to the public and ensure that lessons are learned.

Discussions are ongoing, but the devolved administrations will support the UK Government’s inquiry – with those involved in an independent public inquiry trying to ensure that their objectives will align with the planned four nations inquiry.

Our members must anticipate that the inquiry will require the disclosure of a considerable number of records relating to the key issues arising and decisions made before and during the pandemic. It is possible that the scope could also include some post-pandemic decisions relating to the restoration of services.

Currently, the full scope of the inquiry is unclear. However, most of our members involved in COVID-19 testing have now been instructed by their trusts to retain all documents, correspondence, notes, emails, and all other information that contains or may contain content pertaining to the response to the COVID-19 pandemic, or the key decisions made as part of the recovery.

A “document” means anything in which information of any description is recorded. This includes paper and electronic documents, emails, models and datastores, text messages, social media, WhatsApp, voicemail, audio and visual recordings and “metadata” on computer systems, which contain information including details of authorship and the date or modifi cation of documents. A document can be held on computers or

portable devices (including memory sticks and mobile phones).

Examples of such information may include (but are not limited to): 1. Reports, PowerPoint presentations, records, briefi ngs, minutes, notes and correspondence by email or otherwise, Teams “chats”, action logs 2. Models and Sitreps and related data histories 3. Material relevant to key policy decisions or submissions 4. Materials relevant to policy or legislative development 5. Training materials 6. Materials relating to contracts, procurements, other commercial arrangements, data management, recruitments, secondments and appointments (paid or not) or requests and arrangements for support from other public sector agencies 7. Any other documents relating to the organisation’s response or communications with patients, the system, industry or other stakeholders 8. Personal diaries/calendars if these are potentially relevant to the proposed inquiry.

It is best to err on the side of caution and preserve anything that may relate to the public inquiry. Do not delete any documents that are potentially relevant. Suspend any routine document destruction policies you have in place. If you are asked to do so, you should seek advice to ensure your records are retained. This includes making sure that fi les are not autodeleted or that you know how to access archived data before it is archived.

In due course it will be necessary to search for and identify all relevant records so it is essential that all records are appropriately saved and available for access – including after any staff holding these have left the organisation. All records must be retained in accordance with the COVID-19 record management requirements.

The public inquiry has not been established to determine civil or criminal liability. However, if you are concerned about your legal standing in any matter pertaining to you or your workplace’s involvement in the COVID-19 response please remember that all IBMS members have access to free 24/7 legal advice via IBMS Additions in the members’ area of our website.