After Eljamel scandal, now NHS staff risk prison for shredding ‘Do Not Destroy’ files

NHS Scotland has warned staff that breaching a formal “Do Not Destroy” notice could lead to criminal charges, following the destruction of records linked to allegations against former neurosurgeon Sam Eljamel. The updated guidance aims to protect evidence for inquiries and respond to the loss of documents that could have been important to patients’ cases.

Eljamel is accused of harming more than 200 patients through botched, reckless or unnecessary procedures. NHS Tayside shredded around 40 theatre logbooks in July 2025, despite being told in 2024 to preserve them; the inquiry later heard that some patients had no remaining records. The new rules say potentially relevant records must be kept until an inquiry team confirms they are not needed; breaching the notice could bring a fine or up to six months in prison. A campaigner for Eljamel’s former patients welcomed the guidance but said it offered little reassurance.