A new legal landscape
The Hillsborough Law introduces three fundamental obligations that will directly impact local authorities:
- Statutory duty of candour
The legislation imposes a duty of candour on local authorities and will be legally required to provide information with complete honesty during investigations, inquiries, and inquests, including non-statutory inquiries.
Local authorities are therefore required to proactively provide complete disclosure of information as soon as is reasonably practicable, even in circumstances where the information may be unfavourable. This change represents a shift from reactive disclosure to proactive transparency, placing an obligation on local authorities to disclose information without delay or distortion.
This responsibility extends beyond major incidents to encompass all areas of local authority operations.
- Professional duty of candour for staff
Local authorities are required to integrate a duty of candour within their internal governance, aligning with the professional codes of ethics based on the Nolan Principles: honesty, integrity, accountability, selflessness, openness, leadership, and objectivity.
These codes have legal significance, and non-compliance may result in disciplinary action, including dismissal for gross misconduct. Local authorities must therefore ensure that all employees understand and uphold these standards.
- Criminal offence for misleading the public
The legislation introduces new criminal offences for local authorities who intentionally or recklessly misleads the public, obstruct investigations, or falsify records. These offences carry penalties, including fines and imprisonment.
This development is designed to deter cover-ups and ensure local authorities are held accountable for their actions, particularly in the wake of tragedies or systemic failures.
Areas of heightened risk
Local authorities face particular exposure in several operational areas:
- Housing services – following the Grenfell tragedy, local authorities will face increased scrutiny in its responses to safety concerns raised in relation to social housing.
- Social services – decisions affecting vulnerable adults and children will be subject to stringent candour requirements.
- Environmental health and public safety – responses to incidents of risk to public safety, local authorities will be required to provide proactive and honest disclosure, rather than defensive responses.
- Planning and development – these operations will face heightened scrutiny, especially where safety is concerned.
- Emergency response – coordination during major incidents must reflect unprecedented levels of openness and cooperation with investigatory authorities.
Immediate actions required
While the Bill is not yet current legislation, local authorities should not delay preparations for compliance. The introduction of a statutory duty of candour and criminal liability for misleading conduct means that local authorities can no longer rely on informal or ad hoc approaches to investigations. Auditing existing procedures is essential to:
- Identify gaps in compliance – many current policies focus on minimising risk or reputational damage, rather than promoting transparency.
- Ensure consistency across departments – investigations may involve multiple teams, and inconsistent practices can lead to confusion or non-compliance.
- Prepare for legal scrutiny – local authorities must be able to demonstrate that their processes support the duty of candour.
- Embed cultural change – reviewing procedures allows local authorities to reinforce ethical standards and build trust with the public.
- Support staff training and accountability – clear, audited procedures provide a foundation for training staff and holding individuals accountable for their actions during investigations.
In short, auditing investigation procedures is a proactive step that enables local authorities to meet the demands of the Hillsborough Law and avoid legal, reputational, and operational risks.
The Hillsborough Law is not merely a legislative change – it is a cultural shift. It demands that public institutions embrace honesty, transparency, and accountability as foundational principles. For local authorities, the time to act is now.
DWF can assist with helping you respond to these legislative changes and ensure compliance throughout your operations. For further information on how Hillsborough Law will impact local authorities, please contact Steffan Groch and Simon Belfield.
