PUBLIC INQUIRIES

PUBLIC INQUIRIES: LEGAL SUPPORT FOR CORPORATE ENTITIES

Public inquiries are a powerful tool used by the government to investigate serious failures or events of public concern—ranging from environmental disasters and health system breakdowns to corporate misconduct and regulatory lapses.

There are currently 23 public inquiries announced or in progress in the UK – an unprecedented number.   Now, more than ever, businesses should be prepared to engage with inquiries, even though the stakes are high. The process may involve significant disclosure obligations, public scrutiny, and long-term reputational risk. Obtaining the right advice is key.

WHAT IS A PUBLIC INQUIRY

A public inquiry is an independent investigation set up by a government minister to examine matters of public importance. It is not a court, but if it is established under the Inquires Act as a statutory inquiry, it has similar powers: it can summon witnesses, compel documents, and hold public hearings.

Most inquiries are established under the Inquiries Act 2005, which sets the legal framework.  The inquiry is designed to find the answers to the following questions:

1. What happened?
2. Why did it happen?
3. Who is responsible?
4. What can be done to prevent this happening again?

A company or entity may be involved in a public inquiry where it is alleged to have played a role in the events under investigation; it is or was a regulator, contractor, supplier, or partner of an implicated body; or it is a witness with relevant knowledge or documents.

The status of those involved will vary, dependent on how central the entity is to the facts:

• Core participant: an organisation may be designated as a core participant under Rule 5 of the Inquiry Rules 2006 if it played a significant role in the matters under investigation, it may be subject to criticism or has a direct interest in the outcome. Being a core participant means that the entity has rights to make opening and closing submissions, receive certain evidence in advance or propose lines of questioning.
• Witness: those playing a less central role may be asked to provide a witness statement or give oral evidence. This can include board members, senior managers, or operational staff.
• Document producer: an organisation may be required to produce relevant electronic or paper records, emails, contracts, reports, or internal communications under section 21 of the Act.

WHAT TO DO IF YOU ARE ASKED TO PARTICIPATE

• Early engagement: Seek legal advice as soon as involvement seems likely. Consider applying for core participant status if appropriate.
• Appoint a legal and inquiry response team: Appoint a lead adviser with investigation experience and ensure you have a point person within the organisation to deal with production of materials and requests from the inquiry and the media.
• Identify and preserve relevant evidence: Spend time reviewing the requests and mapping potentially relevant material.   Take steps to preserve all evidence (email, instant messages, minutes, etc.) and undertake a legal review.
• Train and support staff: Being asked to be a witness or give evidence in an inquiry is a stressful experience.  Offer independent legal support and monitor wellbeing.
• Plan for the aftermath: Monitor the ongoing proceedings and be prepared to remediate and implement the recommendations made.  Depending on the circumstances, consider follow-on civil litigation, regulatory response, or public fallout.

NEXT STEPS

Involvement in a public inquiry is both a legal obligation and a strategic challenge. It requires a careful balance of transparency, compliance, and risk management. Early legal advice, a robust internal process, and clear communication are critical to navigating the inquiry process effectively—and emerging from it with minimal harm to your organisation’s reputation, operations, and future.

Contact our expert team today who can assist and guide you through this process.