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August 21

Public Inquiries: What are they and why do they matter?

Industry Insights

Louise Anderson

Magnifying glass looking at books on a background of pink, yellow and green

In recent years, public inquiries have become a cornerstone of the UK's legal landscape; addressing issues of deep national concern, such as major disasters, institutional failures, and allegations of government misconduct. But when did they become so integral to our legal system?

While they have existed for centuries, the role of public inquiries in shaping public accountability and transparency was firmly established during the 1980s and 1990s, following high-profile cases like the Scarman Inquiry into the Brixton riots of 1981, and the Taylor Inquiry into the Hillsborough disaster of 1989. Notable inquiries which underscored the need for thorough investigations into matters of national significance, cementing their importance in the public and legal consciousness.

So, what exactly are public inquiries, why do they matter, and do they actually lead to meaningful change? In this blog, we aim to answer these questions, shedding light on how public inquiries work, their impact, and how legal professionals can engage with this type of work.

What is a Public Inquiry?

At its core, a public inquiry is an independent investigation set up by the government to delve into events or issues that have sparked widespread public concern. Contrary to belief, these inquiries aren't about pointing fingers or assigning blame—they're about steadfastly uncovering the truth, understanding what went wrong, and recommending tangible ways to prevent similar issues in the future. The Inquiries Act 2005 lays down the legal framework for these kinds of investigations, detailing the critical role of the inquiry chair, the comprehensive process for gathering evidence, and how to effectively produce the final report.

How does a Public Inquiry get started?

Public inquiries kick off when the government reacts to a major, widespread event or public outcry. A minister sets the wheels in motion by formally establishing the inquiry and appointing a chairperson—often under the guidance of the Inquiries Act 2005. The chair, with a panel of experts in the relevant field, sets the terms of reference, which define what the inquiry will focus on and what it aims to achieve. The inquiry then moves into the crucial evidence-gathering phase—a meticulous and often lengthy process that involves analysing key documents, taking witness testimonies, and consulting experts on the matter.

Given the considerable complexity of this work, it’s no surprise that the process of undertaking a public inquiry can be incredibly lengthy. On average, it can take around two and a half years until a final report is ready to be shared. While this thoroughness is necessary, it’s no surprise that this time-consuming process can be a point of frustration for those involved and affected, particularly when it comes to making essential, time-sensitive changes in response to the inquiry’s findings.

What happens when a Public Inquiry wraps up?

When a public inquiry finally concludes, the exhaustive findings are compiled into a detailed report which is then submitted in full to the relevant minister for review.

This report typically includes a full, meticulous account of the events in question, a thorough analysis of what specifically caused them, and key recommendations to prevent similar incidents in the future. It’s incredibly important to note that public inquiries aren’t about assigning criminal or civil liability—they're purely focused on investigation and advice.

Once the report is published and available for public consumption, it is the responsibility of the government department that initiated the inquiry to act on the proposed recommendations. However, despite the intensive process undertaken to provide these recommendations, there is no legal obligation for the government to actually take action on them.

Why do we have Public Inquiries?

Public inquiries in their essence are designed to ensure that the government takes accountability, and, ultimately, to restore public trust.

They aim to answer three critical questions: What happened? Why did it happen? And what can we do to stop it from happening again? By digging deep into these nationwide issues, public inquiries provide a foundation for systemic change and help to ensure that lessons are learned.

High-Profile Public Inquiries in the UK

Public inquiries in the UK are currently shining a light on some of the most critical issues facing the nation. Here are three of the most significant ongoing inquiries taking place currently:

COVID-19 Public Inquiry

The COVID-19 Public Inquiry is digging into the UK government's response to the pandemic, examining their preparedness, decision-making, and the overall impact of their decisions on public health. This inquiry is monumental, as it seeks to uncover where mistakes were made—whether in the timing of lockdowns, the procurement of medical supplies, or the efficiency of the test and trace system. The aim? To ensure that we’re better prepared for future public health crises.

Post Office Horizon IT Inquiry

This inquiry focuses on the devastating impact of the Horizon IT system on hundreds of sub-postmasters who were wrongfully prosecuted. It’s a crucial investigation, raising serious questions about the accuracy of the IT system and how the Post Office handled—and attempted to cover up—these cases. The goal here is clear: to hold those responsible accountable and to prevent such a miscarriage of justice from happening again.

Afghanistan War Crimes Inquiry

The Afghanistan War Crimes Inquiry is investigating allegations of war crimes by British forces, including the execution of prisoners. It’s exploring whether senior officers knew about these actions and failed to act. This inquiry is not just about accountability within the military; it’s about upholding international law and ensuring that such breaches do not go unaddressed.

Do Public Inquiries lead to real change?

Public inquiries are seen as essential tools for accountability and reform, but do they always lead to meaningful change?

Success Stories: When Public Inquiries make a difference

Sometimes, public inquiries completely hit the mark and succeed in driving real, substantial change. Take the Manchester Arena Inquiry, for example. After examining the tragic 2017 terrorist attack, this inquiry helped pave the way for Martyn’s Law, a proposed legislation that aims to tighten security in public venues across the UK. It’s an incredibly powerful step forward, driven by the need to prevent such tragedies in the future.

Another standout example is the Grenfell Tower Inquiry, which looked into the heartbreaking fire that took 72 lives in 2017. The findings from this inquiry were crucial in shaping the Building Safety Act 2022, pushing for tougher building standards and better oversight to prevent such a disaster from happening again.

Challenges: When Public Inquiries fall short

But it’s not always smooth sailing. Public inquiries often face hurdles that can water down their impact. A big issue is the inconsistent follow-up on recommendations. Between 1990 and 2017, 68 public inquiries churned out over 2,600 recommendations, but many didn’t get the attention they deserved. For instance, the Royal Liverpool Children’s Hospital Inquiry made 67 recommendations, but only 4 were fully implemented. Without a legal obligation for the government to act, important recommendations can easily get lost in the shuffle.

Another challenge is the slow pace of these inquiries. They often drag on for years—an average of two and a half, to be precise, which can dilute their impact. The Edinburgh Tram Inquiry, which took over nine years to wrap up, is a prime example. By the time it finished, its findings had lost much of their punch, making timely reform a tough ask.

And to add yet another roadblock to this already complex process, there is also no standardised method to monitor the implementation of recommendations. Without proper oversight, many recommendations fall through the cracks, making it hard to achieve lasting change.

How can Public Inquiries be improved?

Public inquiries are essential, but there’s always room for improvement. Here are three top ways we believe they could become much more effective:

Enhanced accountability through government monitoring

A permanent ‘Inquiries Unit’ within the Cabinet Office could make a big difference. This unit would keep a close eye on the huge range of recommendations from public inquiries, making sure they’re not just shelved but actively implemented across relevant government departments. Plus, expanding the role of select committees to monitor progress could boost accountability and help to keep the public in the loop.

The Role of Interim Reports 

Interim reports could be a game-changer. By addressing urgent issues early in the inquiry process, these reports could lead to timely changes without waiting for the final report. The Hillsborough Disaster Inquiry is a great example—its interim report, published just months after the disaster, quickly spurred significant safety improvements in football stadiums across the UK.

Continued monitoring post-inquiry

Keeping the chair of an inquiry on board to monitor the implementation of recommendations after the inquiry wraps up would provide crucial continuity. Regular public updates on progress would maintain accountability, especially for those most affected by the inquiry’s findings.

Public inquiries have the potential to drive real change, but accountability is crucial if they are to truly make a difference.

Flex Legal’s role in Public Inquiries

Flex Legal plays a crucial role in supporting public inquiries by providing a pool of skilled legal professionals who can help with the demanding tasks these investigations require. From legal research to document management, our paralegals and lawyers are well-versed in handling large volumes of complex data, coordinating witness testimonies, and supporting legal teams in their quest for the truth.

By offering flexible, on-demand legal expertise, Flex Legal ensures that public inquiries have the resources they need to uphold transparency, accountability, and justice.

Sources:

https://www.instituteforgovernment.org.uk/sites/default/files/publications/Public Inquiries (final).pdf
https://thirlwall.public-inquiry.uk/wp-content/uploads/2024/05/Table-of-Inquiries-Reviews-and-Recommendations-made-and-whether-they-were-implemented.pdf
https://www.shponline.co.uk/legislation-and-standards/is-it-time-for-uk-public-inquiries-to-its-lessons/
https://www.bbc.co.uk/news/uk-england-manchester-66098897

Additional Resources:

Hire a Flex Paralegal: Looking for legal support? Get in touch with Flex Legal today to hire paralegals and lawyers with expertise in public inquiries and other legal areas.
Join Flex Legal's Community of Paralegals: Gain access to exciting opportunities within the legal sector, including roles that may involve public inquiries.
Attend Our Upcoming Events: Learn more about public inquiries and other key legal topics by attending one of our Junior Lawyer Lunches or Senior Counsel Events.