A public inquiry is a major investigation initiated by a government in response to anything that is deemed to be of “significant public concern”. These inquiries have the power to compel witness testimony and the release of evidence. This allows those conducting the inquiry to examine the issue fully.
While government funding supports inquiries, they function independently. Public inquiries are a regular part of UK governance, with several often taking place simultaneously.
A public inquiry can look into anything that is of public interest, but they typically deal with:
- Major public health and safety incidents.
- Government and institutional failures.
- Environmental and infrastructure failures.
- Terrorism and national security.
- Economic and financial mismanagement.
- Policing and law enforcement conduct.
Key examples of public inquiries into matters of national importance include the COVID-19 Inquiry, Grenfell Tower and the Infected Blood Inquiry.
What Is The Purpose of A Public Inquiry?
The purpose of a public inquiry is to establish what happened, why it happened, and how to prevent similar incidents from happening going forward. While inquiries do not determine criminal or civil liability, their findings can be used to influence policy and legal reforms. Policy-makers and experts in relevant fields contribute their recommendations, which then guides government response.
The main legislation governing public inquiries in the UK is the Inquiries Act 2005. This Act provides the framework for establishing inquiries, running them and reporting back to the public. Since the introduction of the Act, numerous public inquiries have been conducted under its provisions.
The way inquiries operate today has changed somewhat since 2005, largely due to the increasing use of technology. Purpose-built public inquiry digital platforms now play a key role in handling evidence, managing documents, visualising information and providing feedback.
What’s the Difference Between a Statutory Public Inquiry and a Non-Statutory Public Inquiry?
Statutory public inquiries are inquiries that must follow the provisions set out in the Inquiries Act 2005 and the Inquiries Rules 2006. The main benefits of a statutory public inquiry being statutory are are that they have more legal power to compel witnesses to give testimony and provide evidence.
They are, with the exception of specific sensitive information, open to public scrutiny. Government is expected – though not required – to act on the outcome of a statutory inquiry.
Non-statutory public inquiries do not have those powers, but sometimes have more flexibility than statutory public inquiries. Non-statutory public inquiries are sometimes A non-statutory inquiry is usually faster, as they are not as easily delayed by concurrent criminal investigations and trials. However, they rely on key witnesses and participants coming forward voluntarily.
A criticism of non-statutory public inquiries is that they lack the same legitimacy as statutory inquiries. They are often perceived to be both less comprehensive and less independent:
“Statutory inquiries are generally more effective than non-statutory inquiries, particularly where there may be a reluctance on the part of some witnesses to come forward and give evidence”. – Dr Emma Ireton, Associate Professor of Law, Nottingham Law School.
The Public Inquiry Process
Although every inquiry has unique challenges, the process of running a public inquiry follows the same basic structure:
1. Commissioning the Inquiry
A public inquiry starts with commissioning by the government minister most relevant to the subject of the inquiry. The minister then works with the chairperson and legal team to define the terms of reference – an exposition of the scope and aims of the inquiry.
2. Appointing the Panel
Once the terms of reference are set, the minister appoints a chair to oversee the inquiry, ensuring impartiality and fairness. Typically they will be a judge or senior barrister. Once appointed, the chair remains independent from the government.
The minister may also appoint panel members to provide broad expertise for a thorough investigation.
3. Identifying Participants
Once the panel is in place, the inquiry must identify and engage participants. These include individuals or organisations with a direct interest in the investigation, those involved in the event, people likely to face public scrutiny, and witnesses to both the event and wider context.
In statutory inquiries, witnesses can be compelled to attend, provide statements, and submit evidence.
4. Gathering Evidence
The inquiry must gather reports, data, and witness statements and ensure all evidence is properly recorded. Written statements and transcriptions of oral testimony are carefully collected to support the investigation.
To maintain integrity and prevent tampering or bias, evidence must be securely handled throughout the process. Govtech platforms are used for the storage, management and analysis of inquiry data.
5. Reporting Back
After collecting evidence, the chair and panel draft a report summarising their findings and addressing the terms of reference. It outlines what happened, why, who was responsible, and includes recommendations to prevent recurrence.
While the findings and recommendations are non-binding, the government and public bodies are expected to consider them when making future policy.
6. Publishing the Report
The final stage of a public inquiry is the publication of the report, which is submitted to the government minister who commissioned it, then made available to the public. Some inquiries have follow-up periods built in, in order to ensure recommendations have been acted upon.
Why are Public Inquiries Important?
Public inquiries demonstrate transparency by public bodies. They show a willingness for institutions and government to take responsibility, reinforcing the idea that they are accountable to their citizenry. In the wake of a major failure, inquiries can also help provide closure to the families and communities that were most affected, restoring public confidence.
The most important aspect of a public inquiry are the lessons that can be learned as a result of it. Developing a comprehensive picture of what happened and why is essential to preventing recurrence. Preventing the recurrence of major disasters, miscarriages of justice or security failures is the primary goal of any public inquiry.
Often, public inquiries lead to significant policy changes. By identifying how things happened, policy can be reshaped to make it less likely that they will happen again. Public inquiry research is an important tool for policy makers, leading to significant legislative and procedural improvements.
Examples of Statutory Public Inquiries
Since the introduction of the Inquiry Act 2005, there have been several notable statutory public inquiries commissioned by Parliament.
Grenfell Tower Inquiry
The Grenfell Tower public inquiry investigated the 2017 fire in a London tower block that caused the deaths of at least 72 residents. From the very beginning, the fire was attributed in large part to industry negligence and highly combustible materials being used as cladding.
The inquiry formally began in August 2017, just months after the fire. The second and final Grenfell report – a 1700 page document – was published in September 2024. The findings showed that there were multiple instances of public bodies ignoring risks, and manufacturers disregarding or concealing dangers.
UK Covid-19 Inquiry
The public inquiry into the UK government’s response to COVID-19 began in June 2022. The inquiry followed numerous calls by the public, particularly those bereaved during the pandemic.
The inquiry explored the pandemic response from multiple angles, split into specific modules. Only one of the 10 modules is complete, with the other 9 currently ongoing. They cover topics ranging from preparedness, to how procurement was conducted, to the impact on the economy and society at large.
The Covid-19 Inquiry has already been a key driver around changes to policy regarding pandemic preparedness in the UK.
Infected Blood Inquiry
The Infected Blood inquiry ran on Delib’s public inquiry platform, Citizen Space. It looked into the circumstances surrounding NHS patients being given infected blood and blood products prior to 1996. Over 30,000 people were exposed to HIV and hepatitis, of which several thousand died.
The long-awaited inquiry began in 2018. The terms of reference defined the relatively broad scope of the inquiry that looked at both cause, impact and the response of the government and media to the scandal. As a result of the findings of the inquiry, the Infected Blood Compensation Scheme was founded, which awards financial compensation to victims.
Leveson Inquiry
The Leveson Inquiry was a public inquiry that dealt with what had become a toxic culture within the British Press. It was launched in response to the phone hacking scandal, in which the News of the World was found to have been hacking the phones of celebrities and politicians.
The Inquiry panel focused on illegal activity by journalists, the ethics of the press, and how the media was regulated. The publication of findings in 2012 found that stronger independent regulation was necessary to prevent similar occurrences in future.
Using Citizen Space To Run A Public Inquiry
Public inquiries can be long, difficult processes involving a great deal of documentation. Witness statements, research, expert testimony and participant contributions previously needed significant time, money and resources to manage.
Fortunately, the increasing prevalence of digital tools has made much of this process simpler. Digital engagement platforms like Citizen Space make the process of gathering, analysing and understanding public responses less resource-intensive.
Using Citizen Space can:
- Make it easier to handle large volumes of both quantitative and qualitative data.
- Be used to communicate with all participants about the inquiry process, such as the terms of reference or calls for evidence.
- Be used to share findings with the public in an easily digestible format, creating a culture of transparency.
- Ensure findings are data-driven by giving easy access to all data to those running the inquiry.
It is vital that public inquiries are conducted using platforms that have been designed to purpose.
Highly secure engagement platforms like Citizen Space are designed to manage large-scale public inquiries, which deal with large volumes of often highly sensitive data. Compliance with current data-handling standards must go alongside user-friendly and accessible systems, which Citizen Space is. It’s powerful enough to handle thousands of responses, and efficient, easy-to-use analysis features keep processing times to a minimum, even with high volumes of submissions – all of which make it the ideal platform for running Public Inquiries
“The team at Delib are a delight to work with. Their support team have been a huge help, particularly in ensuring our Citizen Space is able to cope with intense activity and large response rates.”
– Transport for London
Citizen Space is the go-to govtech platform for engaging with citizens, managing large scale government consultations and simplifying statutory processes. If you’d like to learn more about how our software streamlines public engagement and transforms decision-making, book a free demo today.
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