The Ultimate Guide to Public Inquires in the UK

Public inquires are designed to establish the facts involved in matters of public interest, often involving the malpractice or negligence of public officials, bodies, or government groups.

Some of the most famous ever public inquiries include the Grenfell Tower Inquiry, the Chilcott Inquiry (Iraq Inquiry), and the still ongoing Covid-19 inquiry.

Public inquires are essential in keeping power in check and ensuring no-one is considered as above the law. They are also vital in learning lessons from past failures and putting safeguards in place to prevent anything similar occurring again in the future.

How do public inquiries start?

Major investigations whose only pre-requisite is a ‘public concern’ in relation to the topic, public inquires can only be convened by a Government minister.

What is the role of a public inquiry?

Public inquiries are designed to answer key questions concerning an event or series of events that occurred in the past.

These key questions can be boiled down to:

• What happened?
• Why was it allowed to happen?
• Why did it happen?
• Who is to blame for it happening?
• What lessons can be learned?
• What can be done to stop it happening again?

In order to answer these questions, the inquiry will call upon a variety of people involved to give evidence as well as consulting with numerous experts in order to make conclusions and recommendations.

These recommendations should then be used to guide Government policy and action going forward, although the extent to which this occurs varies significantly.

Statutory vs non-statutory public inquiries

Both statutory and non-statutory public inquires are ordered by Government ministers and investigate matters of public interest. However, there are a few key differences between the two.

Statutory inquiries, established in the Inquiries Act 2005 are governed by the Inquiry Rules 2006 and have additional powers as a result.

Unlike non-statutory inquiries, statutory inquiries can compel witnesses to give evidence under oath in order to produce evidence for the inquiry, although refusing to give evidence in any public inquiry can have a hugely damaging impact on an individual’s reputation.

Whilst the majority of statutory audits are now convened using the Inquiries Act 2005, there are as many as 10 different pieces of legislation that have previously been used as a basis for public inquiries.

Key figures in public inquiries

Public inquiries are often large, long-term investigations which involve a huge number of participants from those asked to give evidence to those analysing that evidence and those advising those giving evidence.

To avoid unnecessary complications, we have broken down the ‘key’ roles involved in the vast majority of public inquiries in the UK.

The Chair

Appointed by the minister commissioning the inquiry the chair is ultimately responsible for conducting the inquiry and publishing its findings. Being the chair of any public inquiry is a massive responsibility and a role usually given to a vastly experienced senior Judge or similar legal figure. In some instances, the role may be given to an expert in the field such as a scientist, doctor, or engineer.

The Panel

Appointed by the minister commissioning the inquiry in consultation with the chair. Selecting the right panel of experts is crucial to an effective public inquiry as their knowledge and expertise will be essential when gathering evidence, analysing that evidence, and making appropriate recommendations.

Counsel to the Inquiry

The panel’s main advisor, the counsel (sometimes with the assistance of the junior counsel) is tasked with questioning witnesses giving oral evidence to help preserve the independence of the panel and chair and ensuring that the terms of reference are complied with.

Solicitors

There are usually a number of solicitors involved in a public inquiry process. Firstly you have a solicitor to the inquiry who is appointed by the chair and will draft key documents such as the terms of reference and the procedures whilst will be followed. They will also help to take statements, gather evidence, conduct research, and manage any legal issues that arise.

Then there are the legal representatives of key participants in the inquiry. This could include those being investigated, those seeking justice, or simply witnesses and experts being asked to give evidence.

Why are some public inquiries so much longer than others?

Whilst some public inquiries are completed within just a few months, the biggest public take far longer and several have stretched well over a decade before a report is published.

There are several factors which go into determining how long a public inquiry takes and they are often subject to substantial delays in the event of a police investigation being conducted simultaneously.

If this is indeed the case, key witnesses and participants will be unable to give evidence to the inquiry until the police case has been resolved, which can take months, or they risk incriminating themselves.

Another common cause of slow moving public inquiries is the sheer volume of evidence to work through with many hundreds or even thousands of documents to examine and hours of witness testimony to analyse.