When events of significant public concern arise, be it a major disaster, public health crisis, or systemic failure, public inquiries play a crucial role in uncovering the truth, holding individuals and organisations accountable, and ensuring that lessons are learned. But what exactly is a public inquiry, how does it work, and what power does it really have?
What is a public inquiry?
A public inquiry is an official investigation conducted in the UK, established by a minister from the UK government or a devolved government body, to examine matters of significant public concern related to a specific event or series of events. These inquiries are often initiated in response to incidents that have had a profound impact on society, such as major disasters, public health crises, or controversies involving government actions.
What is the purpose of a public inquiry?
The purpose of a public inquiry can vary significantly depending on the specific topic and terms of reference. Generally, public inquiries aim to address three key questions: “What happened?” – establishing the facts surrounding the event; “Why did it happen?” – analysing the underlying causes and contributing factors; and “Who is to blame?” – identifying accountability among individuals or organisations involved. Additionally, public inquiries seek to provide recommendations to answer the question, “What can be done to prevent this from happening again?”.
What powers do public inquiries have?
Public inquiries have the power to summon witnesses, request documents, and gather evidence. They can also compel individuals to give evidence under oath and may hold hearings in public or private, depending on the sensitivity of the information. Failing to comply with a statutory notice from the inquiry, or attempting to distort, suppress, conceal, alter, destroy evidence, or obstruct the provision of relevant evidence, constitutes a criminal offence.
How does the inquiry process work?
The public inquiry process generally follows a structured path.
Before an inquiry can get underway, a Chairperson will need to be appointed. The Chair is often an experienced legal professional or an individual with relevant expertise in the subject matter being investigated, and they are responsible for leading the inquiry and ensuring that it is conducted fairly and impartially.
All inquiries begin by collecting and analysing a wide range of evidence, including:
- Witness statements
- Expert reports
- Documents and correspondence
This evidence-gathering phase is crucial, as it helps to establish what happened. An inquiry will then move on to a public hearing, where witnesses will present their evidence and answer questions. This will help the inquiry to establish why things happened and what can be done to prevent them from happening again.
Once all evidence has been reviewed, the inquiry publishes a detailed final report outlining:
- The key questions it set out to investigate
- Its findings and conclusions
- Any identified failings
- Recommendations for future improvements
The entire process can vary in length from a few months to multiple year depending on the complexity of the issue and the scope of the investigation.
Are the findings of a public inquiry legally binding?
The findings and recommendations of a public inquiry are not legally binding. However, they can carry significant weight and influence public policy, government action, and future legislation. While authorities are not legally obligated to implement the recommendations made by public inquiries, they are generally expected to respond to them in a timely and meaningful manner. In many cases, government bodies and other relevant authorities will issue formal responses outlining how they intend to act on the recommendations or provide justifications for any decisions not to implement them.
Public inquiries are a vital mechanism for transparency and accountability in the UK. Their influence on public life, governance, and systemic change is profound. By asking the right questions and exposing the facts, public inquiries help ensure that lessons are not only learned but acted upon.
How can we help?
Our Public Inquiry Solicitors hold a wealth of experience, having acted for clients in some of the most high-profile public inquiries in recent years – including the UK Covid-19 Inquiry, and the Thirlwall Inquiry. Approachable and empathetic, our specialist solicitors will guide you through the inquiry process.
If you have a special interest in an Inquiry and hold or wish to apply for ‘Core Participant’ status, our expert solicitors are here to help. We can advise you on your rights and responsibilities, such as receiving disclosure of evidence, drafting and making opening and closing statements, and suggesting lines of questioning for witnesses.
Likewise, if you have been affected by an issue which you feel requires a Public Inquiry, we will listen to your case, provide you with advice and if appropriate, support your campaign to get an inquiry established.
As a full-service law firm, we are also able to call on experienced specialists from across the practice who may hold expertise relevant to a particular inquiry.
To discuss your matter, please contact us.
