‘The Hillsborough Disaster’ – the report of the Independent Office for Police Conduct (IOPC) and Operation Resolve – was published on 2 December 2025.
The IOPC’s conclusions include:
• “There were fundamental failures by South Yorkshire Police (SYP) . . . we found considerable evidence that SYP did not give sufficient priority to the need for openness and transparency. Instead, it adopted a defensive approach and sought to control the evidence submitted to the Taylor Inquiry and West Midlands Police in an attempt to deflect the blame from the police.”
• “In the majority of cases, we were unable to find that officers had a case to answer for misconduct, because the professional standards for policing at the time did not include a specific duty of candour. Despite the wider public interest to gain answers about what happened, SYP was entitled, within the law at the time, to present its ‘best case’ and be selective with the evidence it presented. . .
While the police professional standards have since changed, and now require serving police officers to cooperate with investigations as witnesses, there is currently no requirement for former police officers who have retired or resigned to cooperate with investigations or non-statutory inquiries.
We support a new stronger statutory duty of candour for all public servants, including the police, and await the Government’s future announcements on this. We believe this will strengthen the ability of our investigations to get to the truth.”
Home Secretary Shabana Mahmood was reported to have referred to it as "one of the most significant failings in policing the country has ever seen" adding that thanks to the campaigning of families and survivors “we are introducing the Hillsborough Law which will place a legal duty of candour on public servants and authorities."
Public Office (Accountability) Bill
The Bill - widely known as the ‘Hillsborough Law’ - was introduced in the House of Commons on 16 September 2025 and the Government’s stated aim is to rebuild trust and confidence in public authorities and officials. The Bill is still working its way through Parliament but is expected to make major changes to the landscape of public accountability.
Key provisions include:
• A new requirement for public authorities and public officials to “at all times perform their functions” with candour, transparency and frankness and in the public interest.
• A new “duty of candour and assistance” whereby public authorities and public officials must always act with candour, transparency and frankness in their dealings with inquiries and investigations, including proactively bringing relevant information or facts to the attention of the Inquiry or investigation and providing “all such assistance as they can reasonably give.”
• The duty of candour and assistance will also apply to anyone who had a “relevant public responsibility in connection with an incident” – not just public authorities and public officials.
• A requirement on public authorities to promote and take steps to maintain high standards of ethical conduct at all times by people who work for them.
• New offences are also to be introduced, including the offence of misleading the public and an offence of using public office to obtain a benefit or cause another a detriment which is known to be seriously improper.
• An expansion of legal aid in England and Wales to enable individuals/families to participate at inquiries and investigations where the conduct of public authorities may be in issue – which the Government has estimated will cost between £65 – 180 million per annum, plus operational costs.
‘Public authority’ is defined widely to include:
• A government department;
• A Minister of the Crown;
• Scottish Ministers;
• A police force or body;
• A local authority;
• An NHS body;
• A school or further education provider; and
• Any other body which is not excluded and whose functions are, or include, functions of a public nature.
A ‘public official’ includes an individual who works for or holds office for a public authority.
Territorial reach
Some of the Bill’s provisions (such as the legal aid provision) will have effect in England and Wales only.
Some would extend further, such as the duty of candour and assistance and requirement to adopt an ethical code of conduct which are expected to apply to Scotland too.
In order for the UK Parliament to pass legislation that is within devolved competence (that is, within the powers of the Scottish Parliament or Welsh Senedd), there is a political mechanism through which the UK Parliament should seek their consent.
In Scotland’s consideration of the Bill, the Scottish Ministers confirmed that, in principle, they were “supportive of the commendable aims of this Bill and believe it will significantly contribute to improving accountability and full evidence disclosure at relevant inquiries and investigations” noting that “The Scottish Government is determined to learn from past mistakes and agrees with the principles of this Bill which introduces a duty of candour and assistance and requirements in relation to standards of ethical conduct.”
However, there are some points of detail – many of them technical – which the Scottish Government considers still need to be tidied up to ensure that the Bill will work in practice as intended for Scotland. The Scottish Government is therefore engaging with the UK Government on amendments to the Bill and has not yet recommended that the Scottish Parliament consents to the relevant provisions in the Bill, although it anticipates that it will be in position to recommend consent once these points are resolved.
Similarly, the Welsh Government is seeking further information before it is able to recommend the Welsh Senedd grants its consent to the Bill, although a statement by the Welsh Deputy First Prime Minister confirmed he is supportive of the Bill’s principles.
Call to action
Whilst most public authorities will already be acting in a candid, transparent and frank way, it is crucial to use the time now to truly embed that culture within your organisation, to be in good stead to comply with the new law when it comes into force.
If you would like to discuss how to do that, please contact our Public Inquiries lawyers Christine O’Neill, Jenna Wong, Han Sladen or your usual Brodies contact.
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