In the past week, the government has announced public inquiries to address the activities of grooming gangs (in response to growing pressure in the media) and the murder of three girls in Southport in July 2024.
However, the Government is also looking to introduce a new law, likely called Hillsborough Law, which is set to create a statutory duty of candour applicable to public servants, such that these forthcoming Inquiries may well be greatly assisted in getting to the truth more quickly and cost effectively.
Much has been said about the limited powers of non-statutory Public Inquiries, however with an accompanying statutory duty of candour, maybe things will change and those affected by the grooming gangs and the Southport tragedy may well feel more reassured that the truth will come out and without the delays we often see.
Grooming Gangs Inquiries
On the 16th January, Home Secretary Yvette Cooper announced measures to address the activities of grooming gangs in the UK. Rather than a full public inquiry, the review will consist of:
- Five local inquiries covering Oldham and four other locations (which have yet to be named).
- A three-month national audit to examine the demographics and cultural drivers behind the offending.
- A clear timetable, to be announced by Easter, to implement measures recommended by the previous national inquiry in its report published in 2022.
With the previous Inquiry Into Child Sexual Abuse (IICSA) having taken seven years, the above measures will provide a much quicker outcome. However, a number of prominent figures including Greater Manchester Mayor, Andy Burnham have called for a full inquiry.
A local inquiry won’t be able to compel people to give evidence in the same way that a full national inquiry would. Although the inquiries will be led by senior lawyer Tom Crowther KC (who led a previous inquiry in Telford), there are concerns about the rigour of the process.
Southport Public Inquiry
On 21st January, Sir Keir Starmer then announced a full public inquiry into the murder of three young girls in Southport last July at a Taylor Swift-themed holiday club. The announcement was accompanied by new details on the background of the killer Axel Rudakubana and his conduct as far back as 2019, when he was in full-time education.
He was previously referred to Prevent – a government anti-radicalisation scheme – for exhibiting what has been described as an obsession with mass murder and genocide.
The inquiry, whilst initially a non-statutory inquiry, will focus on whether the attack could have been prevented and whether anyone had failed in their duties to protect the victims. Yvette Cooper confirmed that Rudakubana had been in touch with different government agencies throughout his teenage years, including social services and mental health services.
The role of the Hillsborough Law in upcoming Public Inquiries
Having written before about the importance of the duty of candour in public inquiries, we see the so-called “Hillsborough Law” as central to these and any other future inquiries.
Our experience of implementing the recommendations encapsulated in the Hillsborough Charter, is that parties prepared to acknowledge their shortcomings speedily, undoubtedly assist the whole process.
If most inquiry core participants took this approach going forward, inquiries would be much quicker and less costly. The more a public organisation takes a candid, open and transparent approach, the more likely public confidence in them can be restored.
Sir Keir Starmer announced in his first Labour Party conference as Prime Minister in September 2024, that the Hillsborough Law would be introduced in Parliament, before April 15th 2025 (the next anniversary of the Hillsborough disaster).
It will introduce a legal duty of candour on public bodies, meaning that officials or organisations could potentially face criminal sanctions if they obstruct or mislead investigations and inquiries.
Whilst announcing the Grooming gangs inquiries, Yvette Cooper also confirmed the Government’s intention to bring forward Hillsborough law.
Hopefully we will see Hillsborough law reach the statute books very soon, so that organisations can start to understand what the new statutory duty means for them and their employees in good time prior to these inquiries taking place.
If you'd like to discuss any aspect of the UK Public Inquiries process, contact us to find out more about how we can help you.
