Inquests and public inquiries play a major role in addressing institutional failings and restoring public confidence in the UK. With a record number public inquiries currently underway and several high-profile inquests making headlines in recent times, one thing is clear: there is a growing public demand for greater transparency, accountability, and justice.
At the heart of this shift lies the proposed Public Office (Accountability) Bill 2025, commonly referred to as the 'Hillsborough Law'. This landmark legislation aims to introduce a statutory duty of candour primarily for public bodies and officials involved in investigations into public tragedies. Following decades of tireless campaigning by Hillsborough disaster survivors, victims’ families and advocates, the bill was finally re-laid before parliament on 16 September 2025, marking a significant moment of hope that meaningful reform is on the horizon.
In this article, we briefly explore what inquests and public inquiries are, the background to the proposed Hillsborough Law, and how such legislation could reshape the landscape for public accountability going forward.
Inquests are investigations led by coroners into deaths that are sudden, violent, unexplained, or raise public concern. Their purpose is to answer four statutory questions: who the deceased was, and when, where, and how they came by their death. For more on types of inquests, the process, and their role in preventing future deaths, read our detailed guide.
Public inquiries are major investigations launched by government ministers in response to events of serious public concern - such as largescale disasters, miscarriages of justice, or systemic failures. They aim to establish what happened, why it happened, and how similar incidents can be avoided. For more on the types and process of public inquiries, read our guide.
There are growing concerns that inquests and public inquiries are falling short of their intended purpose. A key issue lies in the perceived lack of integrity during proceedings, often attributed to defensive, uncooperative, and obstructive behaviour by some public bodies and individuals participating in the process - often seen as efforts to protect reputations rather than uncover the truth. The proposed Hillsborough Law seeks to address this problem by reinforcing the integrity and transparency in inquests and public inquiries.
In particular, the legislation introduces a statutory duty of candour, primarily for public authorities and officials, requiring them to be honest, open, and fully cooperative during investigations and inquiries. However, the bill also provides for the extension of this duty to other persons with public responsibilities, even if they are not formally classified as public officials or authorities. For example. This includes individuals or organisations that:
This new duty of candour will include actively disclosing relevant information rather than waiting for wrongdoing to be exposed. The bill also contains provisions to allow for the duty to be extended to other investigations in respect of specific investigation, including criminal and regulatory investigations and other investigations into the provision of public services and public functions. Additionally, it introduces a requirement for public bodies to provide position statements at the outset of inquiries, with inquests empowered to request them too, furthering greater transparency from the outset of proceedings.
The proposed bill also introduces new criminal offences aimed at strengthening accountability. These include:
The significance of these reforms was underscored by Deputy Prime Minister and Lord Chancellor, David Lammy, who highlighted in The Guardian that the law would apply to all public servants, 'from the bobby on the beat to the highest office in the land', with those found in breach facing up to two years in prison.
Extended, non-means-tested legal aid for families at all inquests where the state is legally represented is also included in the proposed bill. This measure aims to correct the longstanding imbalance where public bodies have access to extensive legal teams, while bereaved families often face proceedings without representation. It also places a duty on public authorities to act proportionately when instructing lawyers and to consider the impact on bereaved families promoting fairness and accountability throughout the process.
The Hillsborough Law has emerged from decades of tireless campaigning following the 1989 Hillsborough disaster, where 97 Liverpool fans lost their lives in a stadium crush. Initial investigations failed to hold authorities accountable, with early inquests returning verdicts of accidental death and media coverage wrongly blaming supporters.
It wasn’t until 2009 that the government agreed to release official documents, leading to the Hillsborough Independent Panel’s 2012 report, which exposed systemic failures and deliberate attempts to deflect responsibility. This paved the way for new inquests in 2016, which concluded the victims were unlawfully killed and fans bore no blame. In response, campaigners began pushing for systemic reform, culminating in the drafting of the Hillsborough Law.
The push for legislative reform began in earnest with, Andy Burnham’s, Mayor of Greater Manchester, 2017 private members’ bill, but progress stalled. This push reignited in 2021 with the launch of the Hillsborough Law Now campaign and in September 2024, Prime Minister Keir Starmer finally pledged to introduce the law by the 36th anniversary of the disaster in April 2025.
However, that deadline passed without delivery, partly stemming from disagreements between the government and campaigners over the government’s watering down of its scope. This prompted huge frustration, particularly from the Hillsborough families, who opposed any dilution of the bill’s core principles. They made it clear: only a full and uncompromised version would be acceptable.
In July 2025, Liverpool West Derby MP Ian Byrne, himself a Hillsborough survivor, reintroduced the original draft as a private members’ bill, warning that the government’s version had stripped out key provisions, including the statutory duty of candour. Starmer responded by reaffirming his commitment to a robust law, stating, 'We will bring this forward… I just want to take the time to get it right'.
Now, with the Public Office (Accountability) Bill formally introduced to parliament on 16 September, campaigners have welcomed the move as a 'momentous step', but remain vigilant. They continue to press for the bill to pass in full, without compromise, to ensure it delivers lasting change - not just for the 97 Hillsborough victims, but for all victims of public injustice.
Had the Hillsborough Law already been in force, it’s likely the truth about the disaster would have emerged far sooner, rather than taking nearly 27 years for a coroner’s court to rule that the 97 victims were unlawfully killed and that fans bore no responsibility. Other long-running investigations, such as the inquiry into undercover policing, might also have progressed more efficiently, sparing those affected from years of uncertainty and delay.
Whilst there is no question that inquests and public inquiries are a crucial element of our justice system, the fact also remains that they come at a significant financial cost to the public. For example, the Covid-19 Inquiry cost over £70 million in 2023-24 and nearly £67 million in 2024-25, with proceedings still ongoing. When public bodies act defensively or obscure facts, investigations are prolonged, costs escalate, and public trust erodes. The Hillsborough Law seeks to change this culture by making honesty and transparency a legal requirement and not just a moral one, with criminal penalties for those who fail to comply.
The current wave of public inquiries and high-profile inquests in the UK, alongside the proposed Hillsborough Law and its statutory duty of candour, presents both a moment of reckoning and a chance for reform. It prompts reflection on whether public authorities and officials are truly prepared to engage with transparency, and whether the government will deliver on its promise of meaningful change.
Although delays in legislating have caused frustration, the formal re-introduction of its original robust framework to parliament on 16 September 2025 offers renewed hope to campaigners that progress is finally underway. With the recent launch of The Nottingham and Southport Inquiries, and confirmation that an inquiry into the Orgreave confrontation will be established later this year, this landmark step presents a timely opportunity to move away from institutional self-protection and towards a system rooted in honesty, transparency, and public trust.
It's particularly telling that the bill contains provisions which could see the duty widened even further into regulatory investigations in respect of specified investigations, suggesting that future high profile incidents where members of the public were at risk might see specific regulations being enacted which could see the statutory duty of candour and assistance widened beyond the inquiries and investigations set out in the bill.
At Ashfords we have a team of dedicated regulatory solicitors with a wealth of experiencing in supporting organisations and individuals in inquests and public inquiries. If you require legal advice or wish to be supported through an inquest or inquiry process, please contact our business risk and regulation team below.
