Inquests and inquiries: two significant new laws coming down the track

The recent King’s Speech included reference to two significant new laws: Hillsborough Law and Martyn’s Law. Both are set to have a significant impact on the legal world of inquests and inquiries, and both have been driven into existence largely due to the campaigning of numerous bereaved families nationwide.

The Hillsborough Law will place a legal duty of candour on public officials. It aims to address the “unacceptable defensive culture prevalent across too much of the public sector” highlighted by recent reports such as Bishop James Jones’s report into the experiences of the Hillsborough families and the recent Infected Blood Inquiry report. Alongside the legislation, the Government will take action to improve the assistance of bereaved families and core participants at inquests and public inquiries, to ensure families are able to fully participate. This includes delivering the Government’s manifesto commitment to provide legal aid for victims of disasters or state-related death. Martyn’s Law, arising from the Manchester Arena attack in 2017, will ensure that public venues have to specifically cater for the threat of terrorism in their risk planning.

The laws were driven into existence by years of campaigning, petitions and parliamentary debates, those in turn driven by bereaved families. The creation of both laws demonstrates the importance of the voices of bereaved families, but also the growing impact bereaved families can and do have upon inquests, inquiries and closing gaps identified in law, albeit the process is slow for all involved. It will be interesting to see which, if any, campaigns for legal change arise from other high-profile inquiries such as the Post Office scandal or the UK Covid-19 Inquiry.