In September 2024, the Prime Minister confirmed the introduction of the long awaited “Hillsborough law”. The new legislation will be introduced into Parliament before April 2025 and is in response to the 1989 Hillsborough disaster, which resulted in the death of 97 people.
The Hillsborough Law āwill introduce a legal duty of candor on public bodiesā, meaning any government officials or organisations that mislead or obstruct investigations into major incidents could face criminal sanctions. When the law is in place, public authorities and officials will be forced to tell the truth and proactively cooperate with official investigations and inquiries.
The Hillsborough Law will also provide the families of those affected by major incidents with access to publicly funded legal aid for them to instruct representation during inquests.
Currently, legal aid is available for a limited number of civil litigation matters, such as a small number of inquests at Coroners courts, however it can be very difficult for families to access legal aid. Public authorities on the other hand, have access to public money to defend themselves during these inquests. The Hillsborough Law is set to provide families with fair representation during inquests into major incidents.
Jenna Kisala, Senior Solicitor at Howells Solicitors said āWhen the Hillsborough Law is introduced, legal aid will be more widely available to families for all inquests, whereas previously it was only available with an application for exceptional case funding to the Legal Aid Agency. While we havenāt seen the bill yet, the government has said that when introduced, ALL families will be entitled to legal aid representation. Even those who are not submitting a civil claim.āĀ
It’s not yet clear if the funding will cover the preparation for the inquests, or if it will be restricted to representation at the inquests alone. However, it will mean legal aid funding for inquests will be more widely available for families.
What will Hillsborough Law do?
In the Prime Ministers announcement confirming the Hillsborough Law, the legislation is set to provide the following:
- Establish anāÆenforceable, legal duty of candourāÆon public authorities, public servants and corporations who have a responsibility for public safety.
- Require public authorities, public servants, and corporations toāÆproactively assistāÆinvestigations, inquests, and inquiries. And enforce sanctions to ensure this is upheld.
- Make a new offence of wilfully failing to discharge the duty to fully assist inquiries or to mislead intentionally or recklessly the public or media.
- Ensure victims and families haveāÆequal representation and receive public fundingāÆfor lawyers from the start.
If you would like to discuss representation at an inquest or legal aid funding for any medical negligence or inquest matter, contact us to discuss your situation for free.Ā
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