Public Inquiries
Specialist public inquiry solicitors representing organisations, public figures and senior executives
When taking part in a public inquiry, you need an experienced team of public law experts to give you the best possible advice at every step. Our public law team is trusted by both clients and inquiry teams for our integrity, professionalism and insight. Recognised for our exceptional skillset, and our Band 1 rankings across the legal directories, we have acted as solicitors to high-profile independent reviews and represented clients in almost all the major inquiries of recent times, including the Grenfell Tower Inquiry, Post Office Horizon IT Inquiry and Undercover Policing Inquiry.
Why choose Kingsley Napley
Clients come to us for our “fantastic instincts”, “impressively comprehensive offer” and “total dedication to the client”. Led by Sophie Kemp, with partners Natalie Cohen and Emily Carter, our team draws on a deep pool of expertise in public inquiries. Harry Carter brings extensive government experience, Sahil Kher adds expertise on the environment, human rights and public procurement, while Fred Allen brings insight on information law, data protection and financial regulation. We are backed by the multi-disciplinary strengths of our regulatory, criminal and litigation teams as needed.
Our extensive expertise is reflected in our recognition as a Band 1 firm by Chambers & Partners for Public Inquiries, Administrative and Public Law (Mainly Commercial) and Administrative and Public Law (Mainly Public Sector and Charities), and as a Tier 1 firm for Administrative and Public Law by the Legal 500.
Where we can help
Frequently Asked Questions
What is a public inquiry?
A public inquiry is an independent investigation into a major event, set up in response to significant public concern. Its purpose is to establish the facts of what happened, identify lessons to be learned, and make recommendations for future change.
The purpose and scope of each inquiry is set out in its Terms of Reference, which are drafted at the outset. A Chair, and sometimes a Panel, will be appointed along with administrative and legal support.
A government minister may establish a statutory public inquiry following events of public concern. Any individual or organisation can establish a non-statutory inquiry, but this will not have the same powers available to a statutory inquiry.
How and when could I be involved in a public inquiry?
You may be asked by an inquiry to provide evidence as a witness. Usually, this will involve providing a written statement, followed by giving evidence in person.
You may also be designated a core participant if:
- you played a direct and significant role in the events under investigation;
- you have a significant interest in the events; or
- you face potential criticism when the inquiry publishes its final report.
If you are a core participant you may face greater scrutiny, but you will have the advantage of having access to the inquiry’s evidence in advance. You will also be able to engage more in the process, for example by requesting that questions are put to a witness, and having the right to make an opening and closing submission.
Can a public inquiry force me to give evidence?
A statutory public inquiry has a range of powers available to it, including requesting individuals or organisations provide documents and other evidence (including in the form of a witness statement) to the inquiry. The inquiry can also require people to attend a public hearing to provide oral evidence. It is a criminal offence not to comply with a statutory notice from the inquiry or to otherwise distort, suppress, conceal, alter, destroy evidence, or otherwise prevent relevant evidence from being given.
What is the outcome of a public inquiry?
At the conclusion of a public inquiry a report will be published summarising the Inquiry’s factual findings based on the evidence gathered during the course of the investigation. The published report will also include a set of recommendations. These have no binding force and the extent to which they will be subsequently implemented will depend on a number of factors. Interim report(s) may also be published at appropriate intervals during the inquiry.
Will I be warned if I’m to be criticised in a public inquiry?
If any individual or organisation is to be criticised in the inquiry proceedings or any report, they are usually informed prior to the criticism being made public. When drafting the report, individuals and organisations are given an opportunity to make representations concerning any proposed criticisms of them.
Can I be found guilty by a public inquiry?
An inquiry cannot assign civil or criminal liability to any individual or organisation, but its findings can reveal evidence that ultimately leads to separate criminal prosecutions or civil lawsuits.
How public is a public inquiry?
The Chair of a statutory public inquiry must ensure that members of the public and the press can attend (or otherwise view) the hearings, and access documents and a record of oral evidence. In practice, most public inquiries will have a comprehensive website where relevant evidence will be published, along with links to live video footage of the oral evidence given during hearings. The interim and final reports will also be published.
In a statutory public inquiry, attendance at hearings, or the publication of documents or evidence, may be restricted in rare cases where disclosure could cause harm or damage.
