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However, NHS Fife said it had “received no notification from the Information Commissioner of any intention to investigate the health board’s compliance”.
It also said the Commissioner had written to the board on Wednesday, July 16 “to confirm it had indeed complied with the requirements of the Decision Notice”.
But on Thursday morning, a spokesperson for the Information Commissioner said: “NHS Fife was notified by email on the morning of 27 August 2025 that the Commissioner was investigating its compliance with Decision 133/2025.”
They added they were “unable to provide further comment until that process is complete”.
In July, Mr Hamilton warned the board it could face contempt of court proceedings in the Court of Session after it appeared to suggest it had not fully complied with a decision made by the watchdog.
The health board later published a lengthy statement which said claims that it had been compelled to release cost information by the Scottish Information Commissioner were “inaccurate”.
The statement read: “The Information Commissioner stated in his decision cited above that: ‘the withheld information the Authority provided to the Commissioner was obtained from CLO after the date it received the Applicants’ requests. This means the Commissioner cannot make a finding on, or require disclosure of, this information in his decision notice.’
“NHS Fife subsequently made the decision to publish the figures on its website up until 31 May 2025 in the interests of transparency, and on the basis that similar information was being actively sought.”
However, Decision 133/2025 was highly critical of NHS Fife’s refusal to answer requests from The Herald and others about how much public money had been spent defending the case.
At the time of the ruling, Mr Hamilton found NHS Fife had not undertaken any searches for the information and had repeatedly argued it was exempt from disclosure. He dismissed those claims and ordered the board to carry out “adequate, proportionate searches” and respond to applicants by Sunday, July 14.
Following the ruling, NHS Fife quietly published figures on its website confirming it had spent £220,465.93 on the case as of May 31.
That figure has since risen to £258,831.31, though the board insists its direct liability is capped at £25,000 under the national CNORIS indemnity scheme.
In a strongly worded statement, Mr Hamilton said: “The petulant tone of NHS Fife’s latest statement is quite remarkable, but it is the contents that concern me most.
“They have now cast doubt upon the assurances they gave me regarding compliance with my Decision Notice. I will investigate further and, if the Authority has not indeed fully complied with my Decision, then I may report the matter to the Court of Session as a contempt of court.”
The Sandie Peggie tribunal resumes next week. Ms Peggie, an A&E nurse at Victoria Hospital in Kirkcaldy, is suing the board and her colleague, Dr Beth Upton, after she was suspended for raising objections to the trans doctor’s use of a female changing room on Christmas Eve 2023.
A spokesperson for NHS Fife said: “The Scottish Information Commissioner (SIC) has sought further clarification from NHS Fife around its compliance with decision notices 133/2025 and 171/2025.
“NHS Fife was previously notified by the SIC on 16 July 2025 that it had complied with the requirements of the decision notice 133/2025. This additional information will be provided within the timescale to offer the assurances sought.”