The Hillsborough Law: A significant change to public accountability?

The Public Office (Accountability) Bill, widely known as the Hillsborough Law, represents a potentially important development in the law governing public bodies, inquiries and inquests. 

At Butler & Co Solicitors, we believe the Bill requires close attention from public bodies, public officials and, importantly, individuals and families seeking answers following serious incidents involving public authorities. 

The Bill is currently making its way through parliament and is not yet law. It is currently being scrutinised by the House of Lords and may face some further amendments before it is passed.

What is the Hillsborough Bill

The Bill has its origins in concerns arising from major public tragedies, notably the Hillsborough disaster where the Bill gets its name from. Subsequent concerns have been raised during the Infected Blood Scandal, the Post Office Horizon scandal and the Grenfell Tower Fire.  

Its central objective is to change the way public authorities and officials approach accountability when their actions or decisions are subject to scrutiny. The Bill's principal proposals are:

• a statutory duty of candour and assistance;
• new requirements concerning ethical conduct within public authorities;
• new criminal offences relating to failures to comply with the duty of candour and misleading the public;
• new statutory offences relating to serious misconduct in public office; and
• greater legal support for bereaved families at inquests involving public authorities

The duty of candour

The proposed duty would require public authorities, including their staff and public officials to act with candour, transparency and frankness in inquiries and inquests. The Bill also contains provisions for public authorities to disclose all relevant information and to assist those who are conducting investigations. 

For many families involved in inquests and inquiry's one of the most difficult aspects can be obtaining a complete understanding of what has happened. The proposed statutory duty is intended to create a clearer legal obligation on public authorities and officials to assist the investigation and to deal openly with relevant information.

It also means that public authorities may need to look carefully at their internal procedures for identifying, preserving and disclosing information when serious incidents occur. For public authorities, preparation may need to begin before an inquiry or inquest begins. Effective governance, record-keeping, internal escalation procedures and appropriate legal advice can all become important when events are subsequently subjected to external scrutiny. 

What could the Bill mean for families?

One of the Bill's significant proposals concerns the parity of representation at inquests. 

The Bill would expand non-means tested legal aid for bereaved family members in circumstances where a public body is classified as an interested person. The Bill also requires public authorities to engage legal representatives to act for them only if it is necessary and proportionate for them to do so. 

This is a very important issue. An inquest is an investigation into the circumstances of a person's death and is carried out on a fact-finding basis. An inquest does not seek to apportion blame and is not a civil trial. However, where a public authority has its own legal team and substantial resources available to it, families can understandably find the process difficult to navigate without specialist representation.

The proposed changes seek to address that imbalance.

For families facing an inquest following a serious incident, obtaining early advice can help them understand the scope of the investigation, identify the issues that require examination and ensure that relevant evidence is properly considered.

New Criminal Offences

The Bill will introduce new criminal offence and codify some common law offences. These include

• An offence concerning failure to comply with the proposed duty of candour and assistance
• An offence relating to a public authority or official misleading the public in their professional capacity
• An offence relating to misconduct in public office
• An offence by a person holding public office breaching their duty to prevent death or serious injury. 

If enacted, they could have practical consequences for individuals holding public office and for organisations responsible for public functions. The importance of obtaining appropriate legal advice at an early stage of a serious investigation could consequently increase.

What should public bodies be considering now

Although the Bill has yet to become law, organisations potentially in scope may wish to consider if their existing systems are sufficiently robust. They may wish to consider

• Do we have clear procedures for responding to serious incidents?
• Are records being properly created and retained? 
• Are staff and officers aware of their responsibility and what the changes may mean? 
• Are governance and whistleblowing arrangements effective? 
• Is legal advice being obtained at the right stage? 

What should bereaved families and individuals do? 

For a bereaved family, the legal process can be complex and emotionally demanding. 

If a public body has been named by a Coroner as an interested person, it may be appropriate to obtain legal advice at an early stage. This will be prudent where the circumstances of the death are dispute, important evidence is yet to emerge or where the family has concerns about the conduct of a public authority or its officials. 

The proposed Hillsborough Law may alter the legal framework in the future, but existing rights and procedures remain relevant now. The fact that new legislation is being considered should not prevent families from seeking advice about their current position.

How Butler & Co can help

Whilst the Bill continues its journey through parliament Butler & Co Solicitors can still provide help. 

Whether you are a public authority seeking to understand your responsibilities, or a family seeking answers following a death or serious incident, specialist legal advice can be important from an early stage.

Butler & Co Solicitors can advise on the legal issues arising from inquests, investigations and disputes involving public authorities, helping clients understand the process and protect their position.

If you would like to discuss an inquest, investigation or other matter involving a public authority, contact us to arrange an initial discussion.