Public Inquiries

Public inquiries FAQs

• How might my organisation be affected by or involved in a public inquiry?

  An organisation can be affected by or involved in a public inquiry in several different ways, depending on its involvement in the subject matter, terms of reference of the inquiry, and the potential recommendations that may result.

  Involvement could include:

  • core participant status – organisations with a significant interest in the terms of reference may apply to the chair of an inquiry to be designated as core participants, giving them formal rights such as access to documents, making legal submissions and questioning witnesses;
  • material provider – even without core participant status, an organisation may be asked to provide documents or other evidence as part of an inquiry. Although this role is more limited than holding core participant status, it can still be onerous depending on the amount of material that the inquiry requests or needs;
  • witness involvement – individuals may be asked to give witness statements and/or oral evidence to an inquiry. Senior personnel in organisations may also be asked to provide a corporate statement or oral evidence on behalf of their organisation;
  • criticism/subject of findings – the organisation may become the focus of the inquiry’s examination of policies, decision making processes or operational responses and feature in the inquiry’s final report. Organisations may receive warning letters and need to respond to perceived or anticipated criticism and/or factual inaccuracies in evidence submitted about them to the inquiry; and
  • implementation of recommendations – organisations may be asked to contribute or respond to lessons learned and recommendations that arise from the inquiry, and all organisations should consider whether and how they should implement any such lessons or recommendations.

• Do I have to be a Core Participant to play a significant role in a public inquiry?

  In short, no. An organisation can play an important role in an inquiry even if it is not, and does not wish to be, a core participant.

  Whilst core participant status provides certain procedural rights and responsibilities, many organisations prefer – strategically or practically – to participate in other ways such as providing documents as a material provider, submitting voluntary written evidence or corporate witness statements, engaging with inquiry teams during fact finding or lessons learned workstreams, participating in thematic roundtables, responding to draft findings or recommendations before publication.

  We can consider the requirements of the inquiry, your organisation’s specific situation and advise on the recommended approach.

• An inquiry has been announced but not formally established yet. What should my organisation being doing now to prepare?

  Each inquiry and organisation is specific so we always review preparation plans with our clients and can advise and prepare a detailed plan of action for you.

  Recommended steps to take might include:

  • preserving documents – ensure that relevant records (including emails, instant messages, and digital data) are not deleted;
  • retaining organisational knowledge – ensure that intelligence and information from key personnel is not lost, particularly if an organisation restructures or even has natural workforce turnover;
  • mapping decision making – identify who was involved in key decisions and where relevant documentation is held;
  • identifying issues that may attract inquiry interest and consider whether internal reviews or fact finding exercises should begin now;
  • reviewing policies and procedures relevant to the inquiry’s likely remit; and
  • engaging early legal support to shape strategy and sharpen preparation before the inquiry formally begins.

• My organisation is likely to be criticised by an inquiry. What are the possible consequences and what can we do?

  Consequences can include:

  • reputational damage;
  • impact on stakeholder trust, including regulators, partners, or service users;
  • operational disruption due to document heavy or resource intensive inquiry processes;
  • regulatory action including removal of officers or impact on current services and responsibilities;
  • criminal action or civil claims triggered by findings or media scrutiny; and
  • subsequent changes to legal frameworks and policies affecting how you work.

  What can we do?

  • engage early to ensure full understanding of the inquiry’s concerns and to prepare the organisational response;
  • identify opportunities to demonstrate improvement, including policy updates, training or other organisational learning; and
  • manage communications to protect reputation and support staff whilst ensuring transparency, candour and cooperation.

• How can Brodies help support my organisation with a public inquiry?

  Brodies can provide end to end support through all phases of an inquiry, including strategic advice, support in relation to document review and disclosure exercises, drafting witness statements, making submissions on your behalf at an inquiry, and providing advice on findings and recommendations.

  If you would like to discuss potential support, please get in touch with one of our key contacts.