In his speech at the 2024 Labour Conference, Prime Minister Keir Starmer has promised a new ‘Hillsborough Law’ will be introduced by April 2025. 

This new law, formally known as the Public Authority (Accountability) Bill, was campaigned for tirelessly by the families of the 97 Liverpool Fans who were killed in the 1989 Hillsborough Disaster. 

It proposes to introduce a legal Duty of Candour on all public authorities including emergency services; this would mean that, when mistakes are made, the public authorities would need to put their hands up and admit to their mistakes.

The current Care Quality Commission Regulations require public authorities to be ‘open and transparent with people who use services.’ The proposed new duty goes further than this, introducing criminal prosecutions for those who obstruct or mislead investigations and enquiries. 

The proposed law specifies that; 

1. ‘Public authorities and public servants and officials have a duty at all times to 

act within their powers— 

(a) in the public interest, and 

(b) with transparency, candour and frankness. 

1. Public authorities and public servants and officials have a duty to assist court 

proceedings, official inquiries and investigations— 

(a) relating to their own activities, or 

(b) where their acts or omissions are or may be relevant.’ 

The full draft Bill can be found here: https://publications.parliament.uk/pa/bills/cbill/2016-2017/0163/cbill_2016-20170163_en_2.htm#l1g1  

Alongside this will be a new Code of Ethics, created with the intention of changing the culture of defensiveness amongst public servants. There are further plans to create a new role of Independent Public Advocate.  

How does this relate to Medical Negligence Claims? 

In the wake of recent events such as the Infected Blood Scandal, the Lampard Inquiry and the Thirlwall Inquiry, there has been a detrimental impact on public trust in authorities such as NHS Hospital Trusts and Ambulance Services. It can often be felt as though there is a culture of secrecy surrounding these authorities, and an unwillingness to take real accountability for failures. Many people may be deterred from pursing a medical negligence claim because they feel like they have no power when going up against a much-loved British Institution like the NHS and that they will not be open and honest.

The proposals set out in the Hillsborough Law are intended to change this, by ensuring that these authorities are legally bound to being open and honest during inquiries and inquests. It is hopeful that this proposed law is a step forward in restoring faith in public institutions such as the NHS, and healthcare authorities in general. 

Here at Williamsons, we have experience in representing grieving families at Inquests and Inquiries. We understand that the process can be daunting and traumatic, and we are here to provide support and guidance throughout.  

To speak to our team in respect of a potential medical negligence claim, or for assistance at an upcoming inquest or inquiry, call 01482 323697 or contact us via our online enquiry form.