Public Inquiries

What is a public inquiry?

A public inquiry is a formal investigation set up by the government in response to a major failure or failures in systems or services that have shaken public confidence and caused significant public concern. These can include things like major accidents, scandals, or national emergencies.

Past examples include looking into train crashes, fires, disease outbreaks, the handling of pension funds, or how decisions were made that led the UK to war.

Rothera Bray’s serious injury team is currently involved in the Nottingham Inquiry – you can read about our involvement with survivors of the Nottingham Attacks here.

A public inquiry can’t punish anyone or force the government to follow its recommendations. However, it can uncover important evidence that might lead to criminal charges or other action by the authorities. Its recommendations can also lead to changes in laws or government policies if those in power choose to act on them.

What is the purpose of a public inquiry?

The main goal is to find out what went wrong and how to stop it from happening again.

Public inquiries usually try to answer three big questions:

1. What happened?
2. Why did it happen – and who, if anyone, is responsible?
3. How can we stop this from happening again?

To answer these questions, inquiries collect evidence, analyse documents and talk to witnesses. They also listen to experts, survivors, and others affected to help them form recommendations.

How long do public inquiries take?

Public inquiries often take years – on average, more than three years.

There’s no fixed timeline, but here’s what usually happens:

• The government announces the inquiry and picks someone to lead it (called the chair)
• It takes time to decide what the inquiry will cover (called the terms of reference)
• Gathering evidence, reviewing documents, and hearing from witnesses can take months or even years
• Some inquiries are delayed if there’s a police investigation going on at the same time, since inquiries can’t decide criminal guilt (that’s up to the courts)

What are the stages of a public inquiry?

The main stages of a public inquiry are:

1. Announcement and terms of reference (weeks to a few months)

• the Government announces the inquiry
• a chair is appointed
• the terms of reference (what the inquiry will cover) are set, often after a short consultation

2. Evidence gathering and preparatory work (several months to over a year)

• the inquiry team sets up
• public and private bodies are asked to submit evidence
• key documents are collected and reviewed
• core participants (people or groups with a special interest) are identified

3. Public hearings (weeks to many months, sometimes in phases)

• witnesses give evidence under oath in open sessions
• lawyers question witnesses (the public and media may attend or watch)
• hearings may be paused for legal reasons or to examine specific issues in detail

4. Analysis and report writing (months to over a year)

• all evidence and testimony is reviewed
• the chair and panel (if applicable) write the report
• legal advice and drafting undergo scrutiny to ensure fairness and accuracy

5. Report publication and government response (a few weeks to a few months after report completion)

• the final report is published and usually laid before Parliament
• the report includes findings, conclusions and recommendations
• the Government may issue a formal response including policy or legal changes

What are the different types of public inquiry?

The two main types are:

Statutory inquiries (governed by the Inquiries Act 2005 and the Inquiry Rules 2006):

These have legal powers and can only be set up by a government minister. They can:

• compel people to give evidence
• offer legal protections to witnesses
• be more independent from government

Non-statutory inquiries:

These are more flexible but less powerful. They can be set up by any person or organisation to investigate a specific issue, and they are not governed by the Inquiries Act 2005 or the Inquiry Rules 2006. They:

• can’t force people to take part
• rely on cooperation
• may be held in private and sometimes don’t publish a report

Sometimes inquiries start off as non-statutory and are later upgraded to statutory so they can get more cooperation or access sensitive information.

Who’s involved in a public inquiry?

There are usually several key roles in a public inquiry. Each plays an important part in ensuring the process is fair transparent and effective.

Chair or inquiry chairperson

• usually someone with a lot of experience, like a senior judge, legal expert, or respected public figure
• chosen by a government minister but works independently from the Government
• in charge of running the inquiry and making sure it’s fair and impartial
• decides how the inquiry will be structured and how it will run
• leads the questioning of witnesses and oversees how evidence is handled
• works with a legal team and support staff throughout the process
• writes the final report, which includes what the inquiry found and what changes are recommended
• cannot decide if someone is guilty or award compensation

Inquiry panel (if applicable)

• a group of experts or advisers who assist the chair
• may include professionals from relevant fields (medicine, housing, ethics)

Counsel to the inquiry

• a senior barrister or legal team who present evidence, question witnesses and ensure proper legal standards are followed
• act in the public interest, not for any specific party

Core participants

• individuals or organisations with a significant interest in the inquiry (victims’ families, government departments, companies)
• may have legal representation and the right to access evidence, make submissions and question witnesses via their lawyers

Witnesses

• a person with evidence relating to what the inquiry is investigating and the matters set out in the terms of reference. This could be from seeing what happened or having relevant records like videos, photos, or documents.
• people called to provide written or oral evidence
• can include experts, officials, victims, whistleblowers and others
• in statutory inquiries, witnesses must attend and speak under oath if summoned

Expert witnesses (optional)

• provide technical or specialist insights to help the chair understand complex matters

Inquiry team and secretariat

• behind the scenes staff who manage admin tasks, public engagement, evidence processing and digital systems like live streaming and document portals

The public and media

• public inquiries aim for transparency
• members of the public and journalists can usually attend hearings, view evidence online and report on proceedings

Do people have to take part in a public inquiry?

Most of the time, witnesses at a public inquiry are asked to take part voluntarily. But if someone has important evidence and refuses to cooperate, the person leading the inquiry can use legal powers under the Inquiries Act 2005 to force them to attend and give evidence.

What is a public hearing?

Public hearings are a key part of a public inquiry. This is when the inquiry examines evidence, investigates the facts, and works toward making findings and recommendations.

During these hearings, witnesses are called to give evidence under oath and are questioned by the inquiry’s legal team, known as Counsel to the inquiry. The process takes place in an open setting, allowing members of the public and the media to observe the proceedings.