What is the Hillsborough Law Duty of Candour?
At present, public authorities do not have a legal duty of candour, except in the context of health and social care providers. Hillsborough Law aims to enforce a statutory duty of candour across all public bodies, including the police.
The Hillsborough Law duty of candour is the ethical and legal requirement for public authorities and officials to act in the public interest with openness, honesty, and transparency about their actions, decisions, and failings. Importantly, an intentional or careless failure to discharge these duties, including misleading the public or media, would result in criminal sanctions.
The Hillsborough disaster occurred on April 15th 1989 at an FA Cup semi-final match between Liverpool and Nottingham Forest held in the Hillsborough stadium, Sheffield. A crowd crush caused due to inadequate policing led to the unlawful killing of 97 fans, and hundreds more being injured. In the aftermath of the disaster, there were significant failings by police and other authorities, compounded by a cover-up that led to a long and painful battle for truth and justice by the victims’ families.
The duty of candour became a central issue in the aftermath, especially in relation to:
- The Initial Cover-Up: Immediately following the disaster, there was an attempt to misrepresent what had happened and shift blame onto the Liverpool fans, with South Yorkshire Police and other authorities making misleading statements in the press and at inquests. This included claims that drunken, ticketless fans forced their way into the ground, despite evidence to the contrary. The police and other authorities were not transparent and honest about the cause of the disaster and their role in the events.
- Failure to Act on Responsibility: The authorities, including the police, did not fully acknowledge their mistakes and the systemic failures in managing the crowd or responding to the emergency. Instead, there was a concerted effort to cover up their shortcomings, which prolonged the suffering of the families and the fight for justice.
- The Role of the Inquests: The first inquest into the deaths, held shortly after the disaster, was deeply flawed and concluded with a verdict of "accidental death." This inquest did not address the full scope of the failings by police or emergency services. It wasn't until 2012, after a long campaign by families, that the Hillsborough Independent Panel review of the disaster publicly exposed evidence of a cover-up. In 2016, new inquests concluded that the 96 victims were “unlawfully killed”, and the police were found to have played a significant role in the disaster. This figure is now 97 to account for an attendee who died in 2021 following life-changing injuries in the Hillsborough disaster.
- Duty of Candour in the Legal and Medical Context: Duty of candour, in its modern form, came into the spotlight after the Hillsborough disaster. There was no legal duty of candour in place at the time of the tragedy, and it highlighted the need for such a law in healthcare and public services to ensure transparency and accountability. The Hillsborough families’ decades long fight for justice shone a light on how critical it is for public bodies to take responsibility for their actions and for transparency to be prioritized in the aftermath of such tragedies.
Without a duty of candour, institutions can avoid being held accountable for preventable harm, with survivors and families left in the dark for decades. The failure of authorities to be honest and transparent about their role in the disaster ultimately delayed justice and caused irreparable harm to the victims’ families, but it is hoped that, with the Hillsborough Law, the long-term impact will be the implementation of stronger accountability standards, particularly in public services.
You can read more on Hillsborough Law and our latest updates here.
Saunders Law are the Lead Solicitors in the Hillsborough Victims’ Misfeasance Litigation – a group litigation civil claim against South Yorkshire and West Midlands Police in relation to the cover up following the tragedy. Our civil liberties solicitors are experts in bringing claims against the police and public authorities. If you would like advice on a case against the police please do not hesitate to contact us.