ECHR reform and five other Public Law developments to look out for in 2026

In this blog, Fred Allen looks at the key public law developments expected in 2026 including ECHR reform, the passage through Parliament of the Hillsborough law, and the beginning and ending of major public inquiries. 
 

1. ECHR reform

The European Convention on Human Rights has been the subject of intense political debate for years, with a particular focus on how it shapes immigration policy. 2026 is set to be another crunch year as the Government presses ahead to change how the Convention is approached by courts, at home and in Europe. 27 States of the Council of Europe, including the UK, submitted a joint statement in December 2025 calling for more to be done to permit the expulsion of foreigners convicted of serious crimes. A declaration on migration and the Convention is now being prepared for adoption by the Councill of Europe in May 2026. Exactly what the declaration will contain, and its impact on the law remains to be seen. The UK Government has indicated that they will also implement domestic reform dealing with the application of Article 8 of the Convention (the right to family and private life) to immigration decisions. Expect to see diplomatic wrangling at the Council of Europe level as states work to find consensus on the issue, political debate about domestic reforms, and arguments before the highest courts about the impact of such reforms.

2. The Hillsborough Law

In the wake of investigations and inquiries into the Hillsborough disaster, the Government committed to introducing a statutory duty of candour for public bodies. The Public Office (Accountability) Bill 2025 (also known as the ‘Hillsborough Law’ bill) was introduced in September 2025. The Bill contains a statutory duty of candour and assistance which will bind public authorities, public officials and others with public responsibilities in their dealings with both statutory and non-statutory inquiries and coronial investigations. The common law offence of misconduct in public office is set to be abolished, and three new criminal offences specifically targeting public officials will be introduced. The Bill has already been the subject of intense scrutiny this year, with the Government trying to reach an acceptable compromise on its application to the intelligence services. There is likely to be intense political debate about this complex and emotive subject, and significant internal discussions within public bodies about how to meet these new statutory obligations.

3. Immigration accommodation litigation

In 2025 a highly publicised claim was brought by Epping Forest District Council to prevent a hotel being used as contingency accommodation for people seeking asylum in the UK. The High Court ruled against the Council in November 2025, a hearing has been fixed by the Court of Appeal for 5 March 2026. Elsewhere a group of residents in Crowborough have applied for a judicial review of a decision to temporarily house asylum seekers at the MOD’s Crowborough Training Camp with decisions relating to that claim also expected in 2026. 2026 will also see hearings begin in the Manston Inquiry, which will look at the conditions encountered by migrants detained at Manston Short-Term Holding Facility, where there have been allegations of severe overcrowding and unsanitary conditions.

4. The start of the Independent Inquiry into Grooming Gangs

In December 2025, after a complex selection process, Baroness Anne Longfield was appointed as the Chair of the Independent Inquiry into Grooming Gangs. The Inquiry’s draft Terms of Reference require it to look at group-based child sexual exploitation and abuse. There will be local investigations into failures to protect children from grooming gangs and the Inquiry will draw upon these to make national level recommendations. The Inquiry is expected to last three years and work gathering evidence should start in 2026.

5. The curbing of infrastructure Judicial Review

The Government expressed concern that litigation is delaying and complicating large infrastructure projects. Section 13 of the Planning and Infrastructure Act 2025 will amend the Senior Courts Act 1981 to restrict the right of appeal against refusals of permission in certain planning judicial reviews, where the High Court finds the case to be totally without merit. Claimants will not be able to appeal to the Court of Appeal. Section 13 also requires the Civil Procedure Rules to be amended to ensure that in certain planning judicial reviews, decisions on permission are only made at an oral hearing, with no paper permission stage. These are relatively modest procedural amendments but they will be important for developers, campaigners and practitioners. Section 13 is due to come into force on 18 February 2026.

6. The findings of the Post Office Inquiry

The Post Office Inquiry has been the subject of intense media focus and public interest. After 175 days of hearings, and the consideration of more than 2 million pages of documents, the Inquiry expects to publish its final report in 2026.

About the author

Fred is a senior associate with more than 10 years of legal experience. He works within the Public Law Department and International Crime Group. His clients have included businesses, regulators, trade associations, religious institutions, schools, education providers, charities, and private clients including high net worth individuals, and senior political and business figures. He has worked on a range of public law challenges and matters including public inquiries and independent investigations; inquests; judicial review proceedings; tribunal appeals; challenges to Interpol Red Notices; defences against extradition requests; and applications to the European Court of Human Rights. He also advises in connection with information law, with a particular focus on data protection.