The UK COVID-19 Inquiry has been set up to examine the UK's preparedness and response to the pandemic and, in its own words, to "learn lessons for the future".

It's being chaired by Baroness Heather Hallett, who is a former Court of Appeal judge. If you recognise her name, it may be because she led the inquest into the 7/7 bombings.

Public inquiries are part of the background hum of political life in the UK. At the time of writing, there are 14 in progress – the most high profile being those into the Grenfell Tower fire and the Manchester Arena bombing.

What is the function of a public inquiry?

One answer to this question is provided by Jason Beer QC. He argues that a public inquiry is an investigation into a major accident or disaster that seeks to establish what happened, why it happened and how it can be prevented in the future.

Crucially, public inquiries aren't the same as court cases. They seek to identify responsibility – but this isn't the same as a guilty verdict. That said, criminal proceedings can be launched as a consequence of an inquiry.

An inquiry's findings aren't legally binding. The chair of an inquiry makes recommendations that the government or public body can choose to implement – or not.

How does it work?

A government minister commissions an inquiry. They appoint a chair – in this case, Baroness Hallett – who is usually a senior lawyer. It's the chair who leads the inquiry and publishes the final findings and recommendations.

The chair sets out the "terms of reference". These constitute a statement of intent for the inquiry – essentially, what it's setting out to discover. In the case of the COVID-19 Inquiry, this includes, for instance, producing a "factual narrative account" of the UK's response and assessing the government's decision-making during the pandemic.

The terms of reference are typically drafted and then presented to the public. The chair and her team approach people affected by the issue – in this case, bereaved family members and relevant health and care bodies – and ask them what they would like the Inquiry to uncover.

Once the terms of reference have been set, panel members are appointed and preliminary hearings begin.

The COVID-19 Inquiry: the timeline so far

May 2021. Then-PM Boris Johnson announced that he would launch an inquiry in 2022. He claimed that the wait was necessary as the government and healthcare services would be tied up with the imminent spike in COVID-19 cases.

December 2021. Baroness Hallett was appointed as chair of the Inquiry. She said:

"The pandemic has affected us all, some much worse than others. I am acutely conscious of the suffering it has caused to so many. I want to assure the British public that […] I shall do my utmost to ensure the Inquiry answers as many questions as possible about the UK's response to the pandemic, so that we can all learn lessons for the future."

March/April 2022. Hallett and her team travelled around the UK for a public consultation. They met over 150 bereaved families and representatives from charities, unions, faith groups, educational establishments and healthcare institutions. There was also an online consultation.

The purpose of this was to give the public a chance to have their say on what the Inquiry should cover. In total, they received over 20,000 responses. These informed Hallett's final recommendations to the PM.

The terms of reference are now set and the Inquiry has been formally established under the Inquiries Act (2005).

The Inquiry will involve input from the UK government alongside the devolved administrations in Scotland, Wales and Northern Ireland. However, a separate inquiry is taking place in Scotland.

June 2022. Baroness Hallett made a statement on the Inquiry's final terms of reference. In it, she makes seven promises to bereaved families. Of note is her commitment to producing interim reports as evidence is gathered and testimony heard.

October 2022. Preliminary hearings begin in London. They have included testimony from long COVID support groups, disability rights groups, children's rights groups and bereaved families groups from across the UK; from NHS England, the British Medical Association and social care operators; and from a range of government bodies.

Preliminary hearings aren't the same as public hearings – but they are made public on the Inquiry's YouTube channel.

Preliminary hearings exist to make decisions about how the public hearings will be run. At the time of writing, public hearings haven't started – but when they do, they'll include evidence from witnesses under oath. 

November 2022. The second stage of the Inquiry is opened, examining "how central government responded to the pandemic and made the key decisions that it did".

Hugo Keith KC said it would investigate whether "the declared policy of following science [was] a fair reflection of the actual decision-making", whether late lockdowns cost lives and whether public confidence in the government was undermined by their rule-breaking. 

In its efforts to answer these questions, the Inquiry has requested to see cabinet minutes as well as WhatsApp messages between Boris Johnson, Downing Street and senior officials. Moreover, the Inquiry has asked over 200 scientists to give evidence about the effectiveness of the government's response.

How long will it take?

This is a hard question to answer as there's no time limit for inquiries and they're infamously slow-moving affairs. The Bloody Sunday Inquiry, for instance, took ten years, while the less well-known Hyponatraemia Inquiry is the longest ever at 13 years and three months.

Our best guess is based on Dame Deirdre Hine's comment to the BBC that "looking at what will have to be the terms of reference and the ground it has to cover, I can't see it reporting in less than two to three years."

Whatever happens, the sheer scale of the Inquiry suggests that the findings will be far-reaching – and possibly damaging to the government.

At Milners Law, we provide specialist public inquiry representation for interested parties. We offer friendly support and expert guidance before, during and after hearings and strive to make your voice heard.

We pride ourselves on delivering no-nonsense, knowledgeable advice. If you're looking for representation, please don't hesitate to contact us for a free, no-obligation consultation.