Public inquiries need fundamental reform if they are to deliver accountability, support those affected by harm and prevent future failures, according to a new report.
While they play a unique role in exposing the truth about major public failures, including Hillsborough, the Grenfell fire, the Post Office Horizon affair, and the infected blood scandal, and providing answers unavailable through other parts of the justice system, the report argues inquiries are failing to fulfil their potential as a form of public justice because they lack the structures needed to deliver consistent accountability and lasting change.
The report, Public inquiries: are they fit for purpose?, finds that the UK’s existing model relies on ad hoc inquiries established on a case-by-case basis, with no overarching framework for identifying and addressing recurring patterns of institutional failure or ensuring recommendations are implemented.
The report also criticises the government’s grip on decision-making, pointing out that ministers retain exclusive control over whether public inquiries are set up despite often being responsible for the institutions under scrutiny. The report notes that inquiries are often launched only when it becomes “politically expedient” or when it is “politically dangerous not to order an inquiry”.
At the same time, concerns about cost, delay and the failure to implement recommendations can undermine public confidence and leave victims and survivors feeling that justice has not been achieved. The report, commissioned as part of the Nuffield Foundation’s Public right to justice programme, finds inquiries are “costing significantly more than merited by the benefits they deliver”. It also highlights a lack of evidence about whether inquiries achieve their intended objectives.
Public inquiries must also become more effective at delivering change, as “there is little to prevent inquiry recommendations vanishing into the ether where the political will to implement is lacking.” The report also wants to see stronger oversight mechanisms to ensure that inquiry findings result in tangible reforms, remedies and compensation where appropriate.
Report author Professor Williams at Warwick University argues those directly affected by harm should be at the heart of any reformed system, with a more people-centred and trauma-informed approach that prioritises truth-finding while also protecting, supporting and respecting participants.
The report is the fourth in a series of evidence reviews and briefing papers commissioned by our Public right to justice programme.
It’s common ground that public inquiries are invaluable tools for uncovering and trying to remedy systemic injustice. And it’s common ground that they suffer from many problems too. If we are to preserve their value whilst ironing out their failings, we need to think beyond the models that currently dominate. This report intends to provoke debate about what that might look like.Professor Andrew Williams
The role of public inquiries in addressing systemic injustices and state failures is increasingly prominent, and this report provides a comprehensive examination of the challenges constraining the system. It sets out practical, achievable recommendations to strengthen accountability, improve effectiveness, and deliver justice for victims, survivors, and communities affected by public and state failures.Rob Street, Director of Justice
