It is bizarre behaviour. You could almost understand it if there was an attempt at some form of spin doctoring, an Alastair Campbell-like bid to control the story.

But there was no control.

After months of saying they could not possibly release the costs, they just did.

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So why?

Well, last week, it emerged that senior staff at the health board had accused David Hamilton, the Information Commissioner, of being “emotional”, “selective” and “not professional” over his decision to rebuke them for withholding the costs.

We know this because the board mistakenly sent the comments to the mum of a patient, who then passed them on to the Mail on Sunday.

An NHS Fife spokesman later said it “fully respects the role and authority of the Scottish Information Commissioner,” but I am not so sure. 

The paper’s report was humiliating for the board.

So could this be some petty attempt to try and undermine Hamilton?

I know that is a ridiculous thing to suggest of a serious public body, but this is an organisation that has repeatedly failed to act professionally.

The Employment Tribunal was supposed to have concluded in February after ten days but was extended, in part because the health board did not hand over documents they had been ordered to provide by the judge.

It is understood there were around 700 pages of evidence that weren’t handed over.

And in that paperwork, there were suddenly names and people and events that Ms Peggie’s legal team had never come across.

For example, Dr Kate Searle, who was Dr Upton’s supervisor. Her involvement in the row had not been in any of the pre-tribunal disclosure documents.

There are also questions over the impact assessment on trans staff using single-sex facilities.

Under the Equality Act 2010 and the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (as amended), public bodies have “a duty to assess and review proposed new or revised policies or practices.”

In February, The Herald reported that Ms Peggie’s legal team had already asked for a copy of any relevant assessments in August 2023 while preparing for the tribunal.

When asked “whether an Equality Impact Assessment or risk assessment was undertaken before the decision” to allow Dr Upton to use the female changing room, the health board simply replied: “No.”

There are other issues which will be explored in full next week when the tribunal resumes. But ultimately this is a tribunal that should not be happening. This is a situation that should have been avoided, could have been avoided.

But that would have required some professionalism from the higher-ups at NHS Fife.

Back in February, Health Secretary Neil Gray said he had full confidence in the management of NHS Fife. I wonder if he still does.