Hillsborough Law: A Landmark Step Forward for Accountability of Public Bodies

The long-awaited Hillsborough Law has taken a significant step towards becoming law, with MPs approving the Public Office (Accountability) Bill ahead of the summer recess.

The legislation is the result of decades of campaigning by Hillsborough families and survivors following the Hillsborough disaster in 1989. That campaign ultimately led to the fresh inquests into the deaths of the 97 victims and has driven calls for greater transparency and accountability from public authorities when serious incidents occur.

The Key Legal Developments

The new legislation introduces a statutory duty of candour, requiring public officials and public bodies to act honestly, openly and transparently during inquests, public inquiries and investigations. It is intended to prevent the type of institutional defensiveness and lack of disclosure that bereaved families encountered following the Hillsborough disaster. 

In practice, this means public bodies will be expected to:

• Proactively disclose relevant information.
• Provide truthful and complete evidence.
• Avoid misleading or partial accounts.
• Identify and correct inaccuracies promptly.
• Support the fact-finding function of the inquest rather than defend their reputation.

Importantly, following extensive campaigning, the Government appears to have resolved earlier concerns that intelligence and security services could be exempt from the legislation. The revised approach is expected to ensure that accountability obligations apply across all public services, while still providing mechanisms to protect genuinely sensitive national security information.

A Legacy of the Hillsborough Inquests

The legislation stems directly from the failings exposed during the Hillsborough investigations. The original inquests were quashed, and the fresh inquests concluded in 2016 that the 97 victims were unlawfully killed and that police failings contributed to the disaster. 

Those proceedings demonstrated the profound impact that delayed disclosure, incomplete evidence and institutional defensiveness can have on those seeking answers following a death. The effectiveness of an inquest often depends upon full, accurate and timely disclosure from public bodies and other interested persons. Without proper disclosure, a coroner's ability to conduct a thorough investigation can be compromised, undermining the fact-finding purpose of the inquest and potentially preventing those affected from obtaining the answers they seek. Through our experience supporting and representing interested persons in inquest proceedings, we have seen the crucial role that disclosure plays in uncovering the full circumstances surrounding a death, facilitating meaningful participation in the process and providing reassurance that lessons have been learned. Full and transparent scrutiny is often essential in identifying opportunities for improvement and securing commitments that appropriate safeguards, policies or procedural changes will be implemented to help prevent similar incidents occurring in the future. The Hillsborough investigations highlighted the critical importance of transparency, accountability and robust legal scrutiny of disclosure throughout the inquest process.

A New Era for Accountability

The Hillsborough Law represents one of the most significant developments in public accountability for a generation. By placing honesty, transparency and candour at the heart of public decision-making, it aims to rebalance inquest and public inquiry processes in favour of truth rather than institutional self-protection.

For families seeking answers following a bereavement, the legislation represents a welcome step forward. If enacted, it will have significant implications for the conduct of public bodies involved in future inquests, inquiries and investigations, placing transparency, accountability and public confidence at the centre of the process.

At Irwin Mitchell, our specialist Inquests Team regularly supports bereaved families and other interested persons through complex inquest proceedings and will continue to monitor developments relating to the Hillsborough Law and its implications for future investigations.