The Public Office (Accountability) Bill, often referred to as the Hillsborough Law, hit headlines when it faced fierce backlash from campaigners and MPs over the extent to which it would compel co-operation from the intelligence agencies.
The Government was forced to abandon the third reading of the Bill in the House of Commons scheduled to take place in January, while it finds an acceptable resolution. The Bill was hoped to be passed before April 15, the 37th anniversary of the Hillsborough tragedy, but it will most likely be autumn 2025 before it becomes law.
What the Bill will mean for public bodies
1. Duty of candour and assistance
The proposed Bill seeks to introduce a new duty of candour and seeks to end defensive approaches by introducing a legal obligation for public authorities and officials to proactively promote and take steps to maintain ethical conduct to provide information and assist any public inquiries, inquests and other investigations. The Bill will embed candour at the ‘heart of public service’.
As part of the new Bill, persons with a relevant public responsibility will need to take all reasonable steps to support any statutory and non-statutory inquiry. T hose working in the intelligence services and under the Official Secrets Act would have been exempt, however this is now under review.
Those working in public office will need to ensure they are always acting in the interests of the public. Any failures or actions that impede a public inquiry and/or investigation could lead to criminal sanctions, including up to two years imprisonment.
While the legal duty is focussed on the public sector, it will also apply to some private organisations delivering public functions, and those with a relevant health and safety responsibility, as well as relevant public sector contractors.
2. Code of ethical conduct
A new code of ethical conduct will provide something of a compliance framework for the Public Office (Accountability) Bill. This will clearly outline standards for maintaining high levels of ethical behaviour at all times and is likely to be based on the Nolan Principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
Provisions are being proposed for whistleblowing and reporting breaches to ensure a collective responsibility of adherence to the code. Authorities will be legally required to set out the consequences for staff who do not comply, including potential employment disciplinary sanctions.
Importantly, although the focus of the new Bill and its supporting code of ethical conduct relate to public inquiries, inquests and other investigations, those working in public office will be expected to fulfil a duty of candour throughout their work.
3. New criminal offences
Royal Assent of the Public Office (Accountability) Bill will see the abolishment of the common law offence for misconduct in public office.
Two new statutory offences will be introduced in its place, both attracting criminal sanctions:
- Misleading the public is aimed at public officials or authorities who intentionally or recklessly mislead the public in a ‘seriously improper’ way. This covers dishonesty, concealment or obfuscation in matters of public concern.
- Misconduct in public office - introduces statutory offences to replace the common law offence, including the seriously improper acts offence and a Breach of duty to prevent death or Serious injury offence.
Both proposed offences will apply to a range of professionals working in public office, as well as those formally engaged to fulfil functions on behalf of a public office.
Seriously improper conduct, such as a person holding public office to obtain a benefit for themselves or someone else, or abusing their position to the detriment of another person, could lead to up to ten years in prison. Any act deemed a reckless breach of duty, and which causes or risks serious harm, could result in up to 14 years imprisonment.
4. Parity of arms – legal funding for bereaved families
In their 2024 manifesto, the Government committed to provide Legal Aid for victims of disasters or state-related deaths. Presently, Legal Aid is only available through Exceptional Case Funding where an inquest as to scope is an Article 2 ECHR inquest. The Bill seeks to simplify the process for eligibility of Legal Aid where bereaved families need to only demonstrate that a public authority is an interested person at an inquest.
The Bill will introduce a new Civil Procedure Rules style, Overriding Objective aimed at ensuring that bereaved families are able to participate fully and effectively in proceedings.
What public bodies can do to prepare
Now is the time for professionals in public office to familiarise themselves with proposed changes.
Although it's possible that changes will be made to clauses and provisions, it's increasingly unlikely that any adaptions will detract from the Bill's core purpose. Pay close attention to best practice in these areas and refresh policies, practices and processes that support high standards of ethical behaviour.
Practical steps to take now:
- Update inquest response protocols, including early case assessment and disclosure workflows.
- Train operational leaders, particularly in high-risk areas (policing, custody, health), on new scrutiny levels.
- Review legal representation policies to ensure proportionality, in line with Schedule 6 reforms.
- Strengthen document retention and disclosure readiness, aligned with the duty of candour and expanded inquest obligations.
- Monitor upcoming secondary legislation, which may expand these obligations further.
