By Charlie Carmichael-
The Hillsborough disaster of 15 April 1989 exposed systemic failures in public safety, policing, and oversight, leading to significant deaths and long-term injustice for victims’ families.
Campaigners have long sought a legislative framework to compel public authorities to act transparently and responsibly, which has culminated in the proposed Hillsborough Law (the Public Office Accountability Bill, introduced to Parliament in September 2025).
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The duty of candour requires public officials and authorities—including those performing state functions—to act openly, truthfully, and proactively to assist investigations, inquests, and public inquiries. It includes criminal liability for intentional or reckless non-compliance (maximum two-year imprisonment), emphasizing accountability.
The provision covers private bodies performing public duties, potentially extending beyond traditional civil services. Provides non-means tested legal aid for families at inquests where public authorities are interested persons.
It also places obligations on public authorities to use legal representation proportionately, preventing a power imbalance and improving transparency. Evidence from the NHS statutory duty of candour (in place over a decade) shows that legislation alone does not guarantee culture change.
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Effective candour requires top-down leadership, clear whistleblowing routes, and proactive investigation practices. Campaigners, including those representing Hillsborough families, emphasize that candour must be felt institutionally, not treated as a bureaucratic tick-box exercise.
While legislation specifically targets public authorities, intelligence agencies like MI5 (M15) generally fall under state functions and could, in principle, be subject to
Mandatory reporting and cooperation in official inquiries or investigations following disasters where state action may have contributed to harm.
However, the practical application is nuanced due to Classified operations and national security restrictions. Potential exemptions for operational or security-sensitive material, which must be balanced against the principle of candour.
Enforcement may require tailored frameworks for intelligence services, possibly involving independent oversight bodies to ensure both candour and the protection of sensitive information.
During an FA Cup semi-final football match between Liverpool and Nottingham Forest at Hillsborough Stadium in Sheffield, 97 Liverpool supporters died as a result of the disaster.
A large crowd of Liverpool fans had gathered outside the Leppings Lane end turnstiles shortly before kick-off, creating dangerous congestion. To relieve the pressure, the police match commander, Ch Supt David Duckenfield, ordered a large exit gate (Gate C) to be opened, allowing thousands of fans to enter the stadium.
Most of these fans went straight down a narrow tunnel into the already overcrowded central standing pens (pens 3 and 4), leading to a severe crush against the perimeter fencing.
Multiple official inquiries and the subsequent 2016 inquests concluded that the disaster was caused by a series of failures by the police and other organizations, not by the fans.
The main reason for the disaster was found to be the failure of police control.
Order to open the exit gate: The match commander’s decision to open Gate C without properly managing the flow of fans into specific pens directly caused the influx of people into the already full central pens. There was also a significant error in the failure to close the tunnel leading directly to the central pens, which would have diverted fans to less crowded areas.
Faults in the stadium design, such as inadequate turnstiles and defective crush barriers, contributed to the danger. The emergency services’ response was delayed by police not immediately declaring a major incident, which meant many victims did not receive prompt medical attention.
The inquest jury explicitly found that the behaviour of Liverpool fans did not cause or contribute to the dangerous situation or the deaths.
Bereaved families of the victims want to ensure that no room is left for cover ups in the future, and the duty of candour is designed to establish.
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