Hillsborough Law could reshape accountability standards

In the wake of the King's Speech, a renewed focus on accountability standards surrounding public authorities has emerged, particularly concerning the proposed Hillsborough Law. Victoria Sedgwick, an Associate in the Military Claims Team at Bolt Burdon Kemp, remarked on the importance of the government's commitment to end the "culture of institutional defensiveness and cover-ups." Recent indications that security services may no longer be exempt from the duty of candour have been met with optimism. Sedgwick highlighted that “transparency and accountability should apply consistently across public authorities," yet she argues that the legislation must advance further to effectively serve bereaved families.

She advocates for expanded legal aid eligibility for all affected individuals and enforceable sanctions for non-compliance with Prevent Future Deaths reports, emphasising that these measures would facilitate full participation in inquests and inquiries. Her call for the Duty of Candour principle to extend to every investigation involving public authorities signifies a crucial evolution in ensuring that lessons are learnt from past mistakes before they culminate in public inquiries. Sedgwick cautioned that without clearly defined measures, “the legislation creates justice in principle without delivering the practical cultural change families have fought for since Hillsborough.”

Echoing these sentiments, Dr Jeffrey Wale, Technical Director at the Forum of Insurance Lawyers, expressed that the potential legislation represents a “significant shift in accountability standards across the public sector.” He pointed out that the proposed statutory duty of candour would impose a legal obligation on public authorities to cooperate with inquiries, permanently altering the landscape of transparency following major incidents.

The ongoing discussions surrounding exemptions for security services will be pivotal, as Wale asserted that “the legislation could also lead to greater public scrutiny” regarding how authorities respond to tragedies, which includes the disclosure of information and the engagement of affected families. The forthcoming Parliamentary process must scrutinise these proposals carefully, particularly the suggested offence of misleading the public, to ensure that the ambition for substantive change is realised.