Following the Hillsborough Law passing through the House of Commons, Ridwaan Omar from Forbes Solicitors, looks at what will be required of public authorities and public officials.
Public bodies may soon face enforceable legal duties around candour, disclosure and misleading the public. The Hillsborough Law is formally known as the Public Office (Accountability) Bill and has, to some extent, been in development for around a decade.
In April 2016, inquests concluded that 96 football fans were unlawfully killed during the Hillsborough disaster. After the verdicts, barrister Pete Weatherby KC, who represented 22 of the bereaved families, noted that there had been no legal obligation for relevant public authorities to co-operate with the inquest process.
To address these concerns, Mr Weatherby, along with other lawyers involved in the inquests, drafted legislation aimed at strengthening accountability among public officials. Their proposals were supported in the 2017 report published by the Right Reverend James Jones KBE, which outlined 25 points of learning to ensure the terrible experiences of the Hillsborough families are never repeated. Among its recommendations was a duty for public inquiries and inquests to be approached with candour, in an open, honest and transparent way, making full disclosure of relevant documents, materials and facts.
On 14 July 2026, the Public Office (Accountability) Bill was approved by MPs and passed out of the House of Commons. It is now progressing through the House of Lords, with Royal Assent possible later this year or in early 2027, when the Bill will become law.
The purpose of the Bill is to impose a legal duty on public authorities and officials to act with candour, transparency and frankness. This includes provisions to enforce this duty during inquiries and investigations, creating standards of ethical conduct and making it a criminal offence to mislead the public.
Inquiries and investigations
Chapter one of the current Bill introduces a duty of candour and assistance, meaning that public authorities and officials must provide as much assistance as reasonably possible to support the objectives of an inquiry or investigation. There will be a requirement to act expeditiously and without favour to their own, or another person’s interests, and to provide all relevant information.
Practically, it will become a legal requirement to provide accurate information, assist fact-finding processes, disclose evidence, correct any errors or omissions, draw attention to any information of significance and avoid any actions that obstruct or delay the discovery of the truth.
For public bodies, one of the most important points of this part of the Bill is to ensure that any inquiries or investigations are not approached with defensiveness. Lessons learned from public inquiries and previous inquests show that victims and investigators have had to battle with authorities in some cases for information. To support future compliance, senior leaders may want to ensure they maintain robust records, have appropriate processes in place for accessing information to assist timely disclosure and promote working behaviours and cultures that prioritise public interest.
Standards of ethical conduct
The second chapter of the Bill outlines requirements for public authorities to promote high standards of ethical conduct at all times. This is based on seven principles, including selflessness, integrity, objectivity, accountability, openness, honesty and leadership, and is perhaps one of the Bill’s most far-reaching provisions. Public authorities will have a responsibility to ensure that employees act in accordance with a duty of candour in all matters relating to their work.
To support the discharge of this duty, public bodies will be expected to adopt a code of ethical conduct, ensure staff understand its requirements and communicate the consequences of failing to meet these standards. Moving forward, public authorities should review how employees are encouraged to raise concerns and challenge poor practice, with focus on whether channels and processes are accessible, trusted and effective. It may also be useful for organisations to consider how expectations of ethical conduct are embedded throughout day-to-day operations. Do staff know what standards they should be adhering to? Regular training and assurance activities can help to build awareness and understanding of ethical behaviours.
Misleading the public
Chapter three of the Bill introduces a new criminal offence of misleading the public. The offence is intended to capture conduct by public authorities or public officials who intentionally or recklessly withhold, distort or misrepresent information in a way that misleads the public, reinforcing the principle that those exercising public functions must do so openly and honestly
When the Bill is made law, a summary conviction for an offence of misleading the public could lead to imprisonment, a fine or both. To reduce the risk of liability, organisations and officials should ensure that accountability and transparency govern decision-making, communications and disclosure processes. Clear audit trails should be maintained to demonstrate how information has been gathered, recorded, assessed and disclosed, and robust processes should be in place to identify and address concerns at an early stage.
As the Public Office (Accountability) Bill progresses through the House of Lords and towards becoming law, public bodies should review governance frameworks, codes of conduct, systems for employee concerns to be raised and addressed, and investigation processes. Consideration of how each of these areas promotes candour will support compliance with a new law that marks a fundamental shift in strengthening ethical conduct throughout the public sector.
Ridwaan Omar is a Partner and Head of Regulatory, Insurance at Forbes Solicitors, an award-winning law firm with nine offices across England.
Leave a Reply