After many years of campaigning, and further to the Government’s commitment to introduce a statutory duty of candour for public bodies, the Public Office (Accountability) Bill 2025 (also known as the ‘Hillsborough Law’ bill) was introduced last week.
The main features of the bill appeared within the 2017 private members’ bill which was drafted in response to the failings exposed by the Hillsborough Independent Panel and subsequent inquest. Although that bill did not survive the General Election, these issues have remained the focus of campaigns by those affected by Hillsborough, Grenfell and the infected blood scandal.
As the bill proceeds through the legislative process, it will be subject to extensive debate within Parliament and intense discussion across the communities which will be impacted. In the meantime, we have outlined the key features of the bill below.
‘Duty of Candour and Assistance’
The bill introduces a statutory duty of candour and assistance for public authorities, public officials and others with public responsibilities in their dealings with both statutory and non-statutory inquiries and coronial investigations. Ministers may extend the duty to other types of investigations in secondary legislation.
This duty requires the public body to act with candour, transparency and frankness at all times. This includes proactively informing and drawing attention to relevant information and providing such assistance as they can reasonably give to assist an inquiry or investigation to meet its objectives.
Significantly, the bill contains criminal sanctions for failing to comply with this new duty, along with a new offence of misleading the public. This new offence is intended to capture the most serious instances of public officials or authorities misleading the public, requiring intent or recklessness along with knowledge that the act is ‘seriously improper.’
Statutory Standards of Ethical Conduct
It is proposed to impose a statutory duty on public authorities to promote and take steps to maintain high standards of ethical conduct. This is defined as conduct consistent with principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership, which are the ‘Seven Principles of Public Life’ (known as the Nolan Principles) developed nearly 30 years ago.
The draft legislation specifies the matters that must be addressed by a code of conduct, including the practical ways in which standards are to be met, the disciplinary consequences for any failures to meet those standards, and the steps that a person may take if they believe that another person has failed to act in accordance with the code.
Replacement of common law offence of Misconduct in Public Office
Following recommendations made by the Law Commission in 2020, the bill abolishes the common law offence of misconduct in public office and replaces it with two new statutory offences.
The first is a ‘seriously improper acts’ offence, which is committed when a person who holds public office uses that office to obtain a benefit or to cause another person to suffer a detriment, knowing their behaviour is ‘seriously improper.’
The second offence is a breach of duty to prevent death or serious injury. This can only be committed by a person who holds public office whose role involves a duty to prevent (or prevent a risk of) another person suffering critical harm, and it arises when they intentionally or recklessly breach that duty. The offence only covers situations where the public office holder’s actions fall far below the standard that could reasonably be expected in the circumstances.
Representation in inquests and inquiries
The bill extends means-tested public funding for bereaved family members to enable them to participate fully in inquiries and investigations in order to ensure proportionality with respect to representation in inquisitorial proceedings. This is reinforced by a requirement for public authorities to ensure that their own legal representation is necessary and proportionate.
Next Steps
The bill was introduced on 16 September 2025. The next stage will be the second reading where a Minister will set out the main impact of the draft bill and the principles behind it, and MPs will have their first opportunity to comment.
about the author
Kirsty joined the Public Law team in October 2024, as an Associate Barrister. Prior to joining Kingsley Napley, Kirsty worked at the Government Legal Department for several years as both a litigator and an advisory lawyer. As part of that role she was an advisory lawyer in a central government department advising on a range of public law matters including decision-making, the development and implementation of policies, and judicial review challenges. She was also involved in developing and implementing primary and secondary legislation, including supporting ministers and policy officials through the legislative process in Parliament.
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