Senior members highlight Public Inquiry problems to House of Lords Statutory Inquiries Committee

26 March 2024

Pete Weatherby KC and Anna Morris KC

Pete Weatherby KC and Anna Morris KC have identified four significant problems with Public Inquiry processes.

In their written evidence to the House of Lords Statutory Inquiries Committee, Pete and Anna pointed out that Public Inquiries:

  1. take too long,
  2. are far too expensive,
  3. result in recommendations which are not considered or implemented,
  4. do not properly respect the right of those most affected to participate effectively.

In terms of why these issues arise, Pete and Anna cited three underlying causes:

  1. A pervasive culture of institutional defensiveness, sometimes referred to as a culture of denial.
  2. An inability to recognise the importance of having those most affected embedded within the process.
  3. Weaknesses in the procedural processes to address the above.

By way of solutions, Pete and Anna highlight four measures which would substantially improve Public Inquiries and the related processes. They are:

  1. Codifying a ‘Duty of Candour’ with practical and effective compliance and enforcement mechanisms.
  2. Providing a process which supervises the expeditious consideration and implementation of recommendations from Inquiries, reviews and inquests (INQUEST terms this a National Oversight Mechanism).
  3. Provisions ensuring that those most affected are able to access representation related to that available to public authorities within the same process.
  4. Provisions which expressly require Inquiries and reviews to facilitate the effective participation of those most affected. For example, the right to consultation about scope, the nature and sufficiency of evidence to meet the terms of reference, and the right to question witnesses.

House of Lords Statutory Inquiries Committee Written Evidence of Pete Weatherby KC and Anna Morris KC

We are currently inviting applications for membership for practitioners to join our inquests and inquiries team. Find out more here.

Chambers news

Chambers news

DWP failings contributed to decline in mental state of Kristie Hunt, Coroner finds

Garden Court North’s Ciara Bartlam represented Kristie’s family at Manchester South Coroner’s Court (pictured) in Stockport. Credit: Alastair Wallace / Shutterstock.   Failings on behalf...

Chambers news

European Court of Justice allows first ever appeal in an Article 272 TFEU-related case via new appeal filtering mechanism

Garden Court North’s Antje Kunst represented SC at the European Court of Justice (pictured) in Luxembourg. Credit: Alexandros Michailidis / Shutterstock.   On 29 April...

Chambers news

Nina Grahame KC secures permission for Liam O’Pray to appeal against life sentence for murder

Garden Court North’s Nina Grahame KC represented Liam O’Pray at the Court of Appeal inside the Royal Courts of Justice (pictured), London. Credit: Lazy Llama...

Chambers news

Lampard Inquiry into deaths in Essex mental health services to resume

Garden Court North’s Lily Lewis (pictured) delivers INQUEST’s opening statement to the Lampard Inquiry on 10 September, 2024. Credit: Lampard Inquiry / YouTube.   On...

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up