Public Inquiries
Specialist public inquiry solicitors representing individuals, public figures and organisations.
Our team is consistently recognised for its public inquiry expertise, with over twenty-five years of experience representing individuals, including significant public figures, and organisations in most major inquiries. Recent inquiries in which we have been involved include the Covid-19 Inquiry, the Grenfell Tower Inquiry, the Undercover Policing Inquiry, the Post Office Horizon IT Inquiry and the Independent Inquiry into Child Sexual Abuse.
Our extensive expertise is reflected in the legal directories, where we are recognised as a Band 1 firm by Chambers & Partners for Public Inquiries, Administrative and Public Law (Mainly Commercial) and Administrative and Public Law (Mainly Public Sector and Charities), and as a Tier 1 firm for Administrative and Public Law by the Legal 500.
Led by Sophie Kemp, with partners Natalie Cohen and Emily Carter, our team draws on a deep pool of expertise in public inquiries. In addition, Natalie Cohen and Harry Carter bring decades of experience as government lawyers. Our team often works with members of our regulatory, dispute resolution, clinical negligence and criminal litigation teams, when their skills and experience are relevant. This allows us to deploy a substantial and multi-disciplinary team if needed.
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Frequently Asked Questions
How is a public inquiry established?
A public inquiry is an independent investigation which is set up in response to significant public concern about major events. Their purpose is to ascertain the facts of what happened, as well as to understand lessons to be learned and to make recommendations for the future.
The purpose and scope of each inquiry is set out in its Terms of Reference, which will be drafted at the outset. A Chair, and sometimes a Panel, will be appointed along with administrative and legal support.
A Government minister may establish a statutory public inquiry following events of public concern. A non-statutory inquiry may be established by any individual or organisation, but will not have the powers available to a statutory inquiry.
How might I be involved in a public inquiry?
You may be asked by an inquiry to provide evidence as a witness. Usually, this will involve providing a written statement, followed by giving evidence in person.
You may also be designated a core participant if (a) you played a direct and significant role in the events under investigation; (b) you have a significant interest in the events; or (c) you face potential criticism when the inquiry publishes its final report. Being a core participant may mean that you face greater scrutiny, but you will have the advantage of being able to access the inquiry’s evidence and engage more fully in the process, for example, by making legal submissions.
What powers does a public inquiry have to compel the provision of evidence?
A statutory public inquiry has a range of powers available to it, such as compelling individuals or organisations to provide documents and other evidence (including in the form of a witness statement) to the inquiry. The inquiry can also require people to attend a public hearing to provide oral evidence. It is a criminal offence not to comply with a statutory notice from the inquiry or to otherwise distort, suppress, conceal, alter, destroy evidence, or otherwise prevent relevant evidence from being given.
What is the outcome of a public inquiry?
A report will be published at the conclusion of a public inquiry setting out the summary of the Inquiry’s factual findings based on the evidence gathered during the course of the investigation. The published report will also include a set of recommendations. These have no binding force and the extent to which they will be subsequently implemented will depend on a number of factors. Interim report(s) may also be published at appropriate intervals.
Will you be warned if you are to be criticised in a public inquiry?
If any individual or organisation is to be criticised in the inquiry proceedings or any report, they are usually informed prior to the criticism being made public. When drafting the report, individuals and organisations are given an opportunity to make representations concerning any proposed criticisms of them. An inquiry does not have powers to determine the civil or criminal liability of any individual or organisation
How much of a public inquiry is in the public domain?
The Chair of a statutory public inquiry must ensure that members of the public and the press can attend (or otherwise view) the hearings, and access documents and a record of oral evidence provided to the Inquiry. In practice, most public inquiries will have a comprehensive website upon which relevant documentary evidence will be published, along with links to live video footage of the oral evidence given during hearings. The final and interim reports will also be published.
In a statutory public inquiry, restrictions may be imposed upon attendance by the public at inquiry hearings or publication of documents or evidence in very narrow circumstances where publication may cause harm or damage.
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