After a long wait, the Government has finally announced their intention to proceed with a 'Hillsborough Law' through the introduction of the Public Office (Accountability) Bill. Now is a timely opportunity to examine the likely impact of this legislation for public bodies and public officials. Please join us on 30 September 2025 to discuss the issues arising.

This FOIL event explores apologies and duties of candour and should be of interest to healthcare providers, public bodies, insurers and lawyers working in the casualty arena.

Duties of candour are nothing new. In judicial review proceedings, public authority defendants already have a duty 'to co-operate and to make candid disclosure … of the relevant facts and … the reasoning behind the decision challenged.' There are statutory duties on health care bodies for notifiable safety incidents and professional duties on individual health and care professionals. This split between legal and professional duties can cause confusion or misunderstandings for stakeholders and duty holders.

The Government has announced its intention to amend the current law on apologies in England and Wales. It has also announced plans to introduce a ‘Hillsborough Law’: a shorthand for legislation aimed at improving transparency and accountability in public inquiries/inquests, and the introduction of a statutory duty of candour on public authorities. Some argue that legislative and judicial action is required to prevent a lack of candour by public bodies and officials. Others contend that where legislative action has occurred it has not changed behaviours or improved outcomes to the degree expected by parliamentarians. Indeed, what is needed is a change of organisational culture, not the imposition of additional legal or professional duties.

This event aims to offer a range of perspectives on these issues and the shifting regulatory landscape, including the interface between duties of candour and apologies.

Programme

1:30pm - Registration opens.

2:00pm - Introduction
Ian Long, Browne Jacobson.

2:10pm - A healthcare perspective
Naomi Assame, Deputy Director of Safety and Learning at NHS Resolution.

2:35pm - A mediator perspective
Paul Balen, Solicitor at Trust Mediation.

3:00pm - Break.

3:10pm - A regulatory perspective
Carl May-Smith, Partner at Browne Jacobson.

3:35pm - Law reform
Dr Jeffrey Wale, Technical Director at FOIL.

4:00pm - Q&A

4:30pm - Close.

Please note that space for this in-person event is limited and will be allocated on a first registration basis.

If you know of a colleague who would like to participate in this event, please email their contact details to [email protected] and we will see if we can accommodate this request. Please highlight any accessibility needs on registration.

We look forward to seeing you at the event. If you have already registered and can no longer attend, please let Sarah Higgs know as soon as possible.