In September 2024, Prime Minister Keir Starmer announced plans to introduce a 'Hillsborough Law' to Parliament before the 36th anniversary of the 1989 football stadium tragedy in April 2025.
This proposed legislation aims to enforce a legal duty of candour on all public authorities and officials, mandating them to act with openness, honesty, and transparency in the public interest. Importantly, intentional or careless failure to fulfil these duties, including misleading the public or media, would result in criminal sanctions.
The Hillsborough disaster occurred on April 15, 1989, during an FA Cup semi-final match between Liverpool and Nottingham Forest at Sheffield's Hillsborough Stadium. A crowd crush, attributed to inadequate policing, led to the unlawful deaths of 97 fans and injuries to hundreds more. In the aftermath, significant failings by police and other authorities, compounded by a cover-up, led to a prolonged and painful battle for truth and justice by the victims' families.
As the April 2025 deadline approaches, there is growing anticipation regarding the details of the proposed Hillsborough Law and its potential impact.
For legal practitioners, such as the Actions Against Public Authorities Team at Duncan Lewis, this law signifies a pivotal shift in the legal landscape:
- Enhanced Accountability: Legal professionals representing public bodies must ensure their clients understand and comply with the duty of candour, promoting a culture of transparency.
- Legal Compliance: Practitioners must be vigilant in advising clients to avoid actions that could be construed as misleading or obstructive, as such behaviours could lead to criminal sanctions under the new law.
- Advocacy for Victims: The law proposes publicly funded legal representation for bereaved families during inquests and inquiries, potentially increasing the demand for legal services in this area.
This is the second attempt for a Hillsborough Law to be created. Previously, the Hillsborough Law campaigners introduced a private members' bill to Parliament: The Public Authority (Accountability) Bill. However, due to the General Election and dissolution of Parliament in May 2017, the Bill failed to progress.
The Hillsborough Law Now Campaign is supported by a coalition of communities that have experienced the UK's public inquiry and inquest processes. This includes families of the 97 victims of the Hillsborough disaster, as well as groups like Grenfell United, Covid-19 Bereaved Families for Justice, and many others.
While one of the campaign's key objectives is to establish a new legal duty of candour for public authorities, it is crucial that this does not become the sole provision of the Hillsborough Law. Looking back on the achievements of the Hillsborough families in their pursuit of justice, it is evident that their success was not solely due to public authorities suddenly becoming transparent. Instead, it was the families' tireless campaigning and their ability to directly engage in legal proceedings that led to change.
Therefore, while a duty of candour is important, it will have limited impact if the families of victims are not empowered to participate fully in legal processes - asking questions, receiving proper representation, and ensuring their voices are heard effectively.
The bereaved families of the Hillsborough victims have shared their personal experiences from both the 1991 and 2016 inquests. Between these two inquests, significant changes were made under the Coroners (Inquest) Rules 2013, which allowed for grater family involvement. For example, families were given the right to examine witnesses and receive key documents.
In the 1991 Hillsborough inquest, families had minimal legal support; one barrister represented 43 families, and many had no representation. In contrast, the 2016 inquests provided publicly funded legal assistance, allowing families to instruct their own legal representatives and medical experts. Currently, legal funding for inquest advocacy is limited to Exceptional Case Funding, requiring a coroner's determination of a potential violation of Article 2 of the European Convention on Human Rights or a broader public interest. Legal Help Funding is available for pre-inquest preparation but does not cover representation during the inquest.
The Hillsborough Law Now Campaign seeks to ensure bereaved families designated as 'interested persons' receive publicly funded legal assistance, proportionate to the resources available to public authorities or private entities involved, aiming to address the historical 'inequality of arms' faced during inquests.
As we await the introduction of the Hillsborough Law, it is crucial to remember that a law in name alone will not be enough to satisfy the campaigners.
For the duty of candour to be truly effective, it must be accompanied by substantive reforms to address the inequality of arms that place families at a significant disadvantage during inquests.
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