Public Inquiry Solicitor

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Public Inquiry Solicitor

Public inquiries are a vital way that independent authorities can gather facts and information about an event that is of public concern. There are different types of circumstances that might result in a public inquiry, but they usually involve major incidents (that caused significant loss of life or damage), systemic failures in public services or policy, or public health crises. Ultimately, the aim is to uncover facts, learn lessons, and make recommendations to prevent similar events from occurring in the future.

An inquiry will have a number of core participants. These will usually be key witnesses who can provide relevant evidence that will help the inquiry investigate events. Some public inquiries will compel witnesses to make statements, but there are strong reasons why someone might wish to become a core participant of their own volition.

If you are a core participant in a public inquiry, or believe you should be, it is important to instruct public inquiry solicitors to offer legal representation, support and advice. For some core participants, there is a risk that they will be found responsible for the failings uncovered during the inquiry, and a criminal investigation could follow. A solicitor can represent you during a police investigation, help you to comply and present your defence in the strongest terms.
To learn more about how we can support you, get in touch with a public inquiry solicitor today by calling JMW on 0345 872 6666. Alternatively, use our online enquiry form to request a call back at your convenience.

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Why Choose JMW?

At JMW Solicitors, we understand the importance of effective representation during public inquiries. Our award-winning full-service law firm has over 45 years of experience, and we are renowned throughout the UK for achieving positive outcomes for our clients; both businesses and individuals. We have represented core participants in many high profile cases, including:

  • Grenfell Tower Inquiry
  • Hillsborough Stadium Disaster
  • Manchester Arena
  • Diana, Princess of Wales
  • Macpherson Inquiry - Stephen Lawrence
  • Victoria Climbie
  • Deepcut Review
  • Marchioness
  • Daniel Morgan
  • Leveson Inquiry
  • Anthony Grainger Inquiry

If you believe you should be a core participant in a public inquiry or have been asked to give evidence, our expert public inquiry team can help. Anyone who has played a direct and significant role in the events concerned, or been affected by them, may be eligible to become a core participant. In turn, this could enable you to access or provide evidence, and may entitle you to compensation, depending on the terms of the inquiry.

What Is a Public Inquiry?

A public inquiry is an investigation convened by a government minister that deals with matters of significant public concern. Whether it is a major event, a controversial policy, or a systemic failure, the purpose remains the same: to establish facts, understand what happened, why it happened, identify accountability, and learn lessons to prevent recurrence.

These inquiries are typically initiated to address issues where there is a perception of serious failure by public bodies, individuals, or systems, and where existing mechanisms, such as internal reviews or investigations, are deemed insufficient to address the scope or impact of the issue.

The process involves collecting witness statements, examining evidence, and holding public hearings. The findings and recommendations of the inquiry are usually published in a final report, which can influence future policies and practices. In this way, the process aims to be independent, transparent, and comprehensive.

Statutory public inquiries focus on fact-finding and will not assign civil or criminal liability to any participants. However, recommendations made in closing statements may be picked up by the police or other authorities and lead to criminal investigations, where charges may be brought. Working with expert lawyers during the inquiry and the early stages of any investigations can help to protect your position and enable you to mount a defence if you are concerned about criminal proceedings.

How Can JMW Help?

JMW is a full-service law firm with thirteen departments and over seven hundred staff across our London, Manchester and Liverpool offices. Our public inquiries team takes a practical, solution-oriented approach. We work alongside industry experts, specialist lawyers, leading and junior counsel to comprehensively investigate the facts. 

We collaborate with specialists from other teams to provide an all-encompassing service. As well as guiding you through an independent inquiry or investigation, we can help you to manage the intense media scrutiny that can accompany high profile public inquiries and provide any other legal services you need. 

Our focus extends to families seeking representation, owner-managed businesses, SMEs, large listed companies and public organisations. We have particular expertise in cases involving regulated professionals in the healthcare, legal and accounting sectors. Our dedicated team of public inquiries solicitors has offered expert legal advice and represented core participants in many such investigations, and we can help to uphold your rights throughout the process.

FAQs About Public Inquiries

Q
What powers does a public inquiry have to gather evidence?
A

Public inquiries operate under the Inquiries Act 2005 and the Inquiry Rules 2006. Rule 9 allows inquiries to request evidence from individuals, including written statements. Further evidence may be requested later. Sections 21 and 35 of the Inquiries Act grant powers to compel attendance, produce documents, and provide witness statements. These legal provisions ensure a thorough investigation process.

Q
Can I protect sensitive material?
A

Section 22 of the Inquiries Act allows for the protection of privileged material. If you have sensitive information that should not be disclosed during the inquiry, seek a restriction notice or order. Our experienced solicitors can guide you through this process and protect your interests while giving evidence.

Q
Who are the main players in an inquiry?
A

An inquiry involves several key participants:

  • Chair and Inquiry Panel: These decision-makers lead the proceedings.
  • Secretary to the inquiry: Provides administrative support.
  • Solicitor(s) to the inquiry: Legal experts who assist with legal matters.
  • Counsel to the inquiry: Advocates who present evidence.
  • Representatives of core participants: Individuals directly affected by the inquiry. Understanding their roles is crucial for effective representation.

If you believe you should be involved in a public inquiry, speak to the team at JMW to learn how you might fit in and the role you could potentially play.

Q
What are the stages of an inquiry?
A

An inquiry typically follows these stages:

  • Setting up and preparation: Disclosure of relevant documents and groundwork.
  • Oral hearings: Includes preliminary hearings, opening statements, and oral evidence.

Closure and report publication: The final stages where findings and recommendations are summarised in a report.

Q
Are inquiry hearings public?
A

Generally, yes. Transparency is essential for public confidence. Televised hearings are likely to allow wider access to the proceedings.

Q
How can I fund my representation?
A

Seek legal advice early. Funding options include:

  • Public funding (Legal Aid): Available for those who meet specific criteria.
  • Private arrangements: You can engage legal representation privately. Our team can discuss the best approach for your situation.
Q
What happens during oral evidence?
A

Oral evidence involves witnesses presenting their accounts. Deciding the order of witness testimony is crucial. Our solicitors can guide you through this process thanks to their extensive experience advising core participants and witnesses on delivering evidence to a public inquiry.

Q
What is the role of the chair?
A

The chair (and Inquiry Panel) presides over proceedings. Access to the chair is essential for effective representation. Our team can help you navigate this aspect.

Q
What is the inquiry report?
A

This is a comprehensive report summarising findings, recommendations, and any lessons learned. The report plays a crucial role in shaping future policies, practices and regulatory matters.

Q
What do public inquiries cover?
A

Each inquiry begins by setting out terms of reference. This will include the questions the inquiry should address, the information and feedback the government wants to see and some indication of when the report should be produced. The topics can be wide ranging and have included – large fires, outbreaks of disease, decisions leading to war, transport accidents or pension fund mismanagement amongst many others. Major investigations in recent years have included the Grenfell Tower public inquiry and the Independent Inquiry into Child Sexual Abuse. This may help to illustrate the types of situations in which a public inquiry might be required.

Q
Who leads a public inquiry?
A

Public inquiries are run independently, although the relevant government minister has the power to replace a chair or terminate the inquiry. The chair is normally a judge, but if they are not from a legal background, they tend to be from a relevant specialism such as a scientist, doctor, professor or engineer.

Talk to Us

For legal advice from an experienced and dedicated public inquiry solicitor from JMW, get in touch with us by calling 0345 872 6666 or complete our online enquiry form to request a callback.