The Hillsborough Law - Inquests, inquiries, and investigations: What Public Authorities need to know

On 16th September 2025, the Labour Government introduced the Public Office (Accountability) Bill (the “Bill”)” into Parliament. Commonly known as the “Hillsborough Law”, this comes following the tragic crowd crush that led to the deaths of 97 Liverpool football fans at the Hillsborough stadium in 1989. The Bill aims to promote transparency in public authorities and is expected to be enacted into law in 2026. The enactment of the Bill will reshape the approach that public authorities must take in respect of inquests, inquiries, and investigations, which is discussed further below.

1. Duty of Candour and Assistance

The Hillsborough Law will impose a statutory duty of candour on public authorities and public officials during inquests, inquiries, and investigations. Under the statutory duty, public authorities must provide any information that is likely to be relevant to the inquest, inquiry, or investigation. Public authorities and officials will have to adopt a more proactive approach to the provision of information or face criminal consequences.

2. Criminal Offences

Any public authority or official that intentionally or recklessly fails to comply with the statutory duty of candour will be guilty of a criminal offence. The Hillsborough Law will also introduce a criminal offence of misleading the public. Public authorities and officials that intentionally or recklessly mislead the public in a seriously improper way will be guilty of this new criminal offence, punishable by up to two years imprisonment and / or a fine.

3. Legal Representation

The Hillsborough Law will also make legal aid available, without a means test, to bereaved family members at all inquests, inquiries, and investigations where a public authority is an interested person addressing a current issue where lack of funding denies thesefamilies such legal representation. Facing families that are now legally represented, public authorities should anticipate fuller and more effective participation of families at inquests, inquiries, and investigations.

Preparing for Change

Public authorities should begin to prepare now for the anticipated enactment of the Hillsborough Law later this year. Practical steps may include reviewing and revising existing codes of conduct and ethical policies to ensure they meet the new legal standards. Focus should be on proactively promoting transparency, through engaging with the concerns of the public and being forthcoming with information, rather than reacting to inquests, inquiries, and investigations as they arise. Staff across all levels should also receive training on proactive disclosure and the risks of making misleading statements and withholding relevant information during the course of inquest proceedings. Culture change cannot occur overnight. Public authorities must prepare now to avoid the legal and reputational risks of falling foul of the Hillsborough Law.