What is a public inquiry?

Public inquiries are a common feature of British public life. At the time of writing, for example, the terms have been finalised for the UK COVID-19 inquiry, which will look into the government's response to the pandemic. Sessions have already been scheduled for next year. This is the latest in a long line of inquiries.

But what, exactly, is a public inquiry? The simple answer is that a public inquiry is a major investigation convened by a government minister, which looks at a significant accident, disaster or scandal.

Jason Beer QC has argued that an inquiry's function is to answer three questions:

1. What happened?

2. Why did it happen, and is someone responsible?

3. What can be done to prevent something similar from happening in the future?

For a public inquiry to be called, the event or topic under scrutiny has to be a matter of "public concern". Under this banner, public inquiries have covered everything from plane and rail crashes to the Iraq War; from the serial killer Harold Shipman to foot and mouth disease.

Public inquiries differ from high-profile court cases in the key respect that their findings aren't legally binding. The chair of an inquiry can only make recommendations. It's the job of the government, or another public body, to implement them.

Who can order a public inquiry?

For a public inquiry to be held, a government minister has to commission it. This minister will appoint a chair – a key appointment in the running of any public inquiry.

The chair will usually be a judge or senior barrister. The chair leads the inquiry and is in charge of the publication of the final findings and recommendations.

The minister who commissions the inquiry has, in principle, the power to sack a chair or bring the inquiry to an end, but this power has never yet been exercised.

Who takes part in an inquiry?

The minister who commissioned the inquiry will work with the chair to define the scope of the inquiry and its purpose – in other words, what it covers and what it seeks to achieve.

This statement of intent – known as "terms of reference" – is sometimes presented to the public. This allows organisations and individuals to submit proposals to the inquiry before it begins. This happened – to take a recent and high-profile instance – in the case of the Grenfell Tower Inquiry.

Having consulted with the chair, the commissioning minister also appoints "panel members". The aim of this is to ensure the inquiry panel is balanced and expert.

The panel is advised by the "counsel to the inquiry" – a senior barrister, typically assisted by a team of junior counsel. This counsel's job is to check that the panel sticks to the remit of the inquiry and to question any witnesses who provide oral evidence.

Another appointment made by the chair is "solicitor to the inquiry". This is a key figure in any inquiry, whose duties include helping to establish the terms of reference, as well as collecting and assessing evidence. They also manage the taking of statements and draft the final report with the chair.

The final appointment is that of the "secretary to the inquiry", who manages the logistics of the inquiry. They are responsible for handling the technical side of the inquiry along with travel and accommodation for participants.

How does the process work?

To answer this question, let's take a quick look at two notable inquiries, one completed and one ongoing – bearing in mind that this is far from a comprehensive overview.

The Bloody Sunday Inquiry officially opened in 2000 with the aim of establishing a definitive account of the events of Bloody Sunday in Derry in 1972. The inquiry gathered more than 600 hours of evidence, primarily from eyewitnesses.

It took over a decade for the report to be completed. It was handed to government lawyers and finally published in 2010.

An ongoing inquiry is the Infected Blood Inquiry. This centres on the infection of around 30,000 people with tainted blood during the 1970s and 1980s. The blood, contaminated with HIV or Hepatitis C, was given to patients with blood disorders by the NHS.

This inquiry's aims include finding out why this happened, the impact it had on patients' families, the response of the NHS and government, and the possibility of a cover-up.

The inquiry has so far spoken to victims, families of the bereaved, and former senior government officials including Sir John Major.

The scope and activities of public inquiries vary, but they all have in common the collection of evidence and examination of witnesses to establish the truth of a high-profile disaster – and in doing so to "prevent recurrence".

How long does a public inquiry typically take?

Inquiries are notoriously slow affairs – take, for example, the Bloody Sunday Inquiry mentioned above. This is partly because inquiries have no fixed timescale.

Most take around two years to report back, but their durations vary a lot. The longest to date is the Hyponatraemia Inquiry, which looked into the deaths of five children in Northern Ireland as a result of "negligent care". This took a mammoth 13 years and three months to complete.

What happens after a public inquiry?

Once the report has been finished, it's made available to the public. In high-profile cases, the report's main findings will be presented at a press conference.

As we mentioned before, an inquiry can't find an individual guilty of a crime, but its findings can lead to criminal liability through subsequent legal proceedings.

The recommendations of the inquiry are presented to parliament. It's then the job of the government to decide whether or not to implement these recommendations. At present, there's no legal obligation for the government to act on a public inquiry.

Have you been affected by events that are being investigated in a public inquiry? At Milners, we have growing experience representing interested parties at inquiries, including the Infected Blood Inquiry. Our friendly, expert lawyers are ready to help you. Get in touch for a free legal consultation.