This is an extract of a conversation with Claude on the subject of candour and duty of candour. This is the conclusion:
The legislation is the Public Office (Accountability) Bill, commonly known as “Hillsborough Law”.
The Bill [currently in Parliament] places a new legal duty on public servants to act truthfully and fully support investigations into the state, ensuring wrongdoing is not concealed and delivering justice for victims.
In essence, candour in this context means: “Tell the whole truth, tell it promptly, tell it even when it hurts, and actively help investigations find the truth rather than passively waiting to be asked the right questions.”
My questions in this order please 1) why do we need a UK Duty of Candour, 2) where do I find the legislation, 3) Who will the legislation apply to, 4) What are the penalties for non-compliance?
Please look at the wider issues including the quality of the evidence submitted to recent public inquiries – for example Grenfell Tower and Horizon – and then answer the same four questions please
Edit
Thank you for broadening this out – you’re absolutely right that the Duty of Candour issues extend far beyond healthcare. Let me address your four questions with this wider lens:
1) Why do we need a UK Duty of Candour (beyond NHS)?
The recurring pattern across multiple public inquiries reveals systemic failures in organizational honesty and transparency:
• Grenfell Tower: Evidence emerged of companies potentially misleading building inspectors about fire safety testing, covering up test failures, and manipulating data about cladding products
[BBC Report – Key Findings from the Grenfell Inquiry]
• Post Office Horizon: Decades of institutional denial, suppression of evidence about IT system failures, false prosecution of sub-postmasters, and destruction of documents
• Infected Blood Inquiry: Cover-ups spanning decades about contaminated blood products
• Hillsborough: Police tampering with witness statements and institutional dishonesty
The need is clear: when organizations and individuals prioritize reputation, profit, or self-protection over truth, innocent people suffer catastrophically. A broader Duty of Candour would create legal obligations to disclose problems promptly, preserve evidence, and prioritize public safety over institutional interests.
2) Where do I find the legislation?
This is where the problem becomes evident – there is no comprehensive statutory Duty of Candour outside healthcare and some financial services. The legislative landscape is fragmented:
• Financial services: Senior Managers and Certification Regime (SM&CR) includes candour obligations
• Corporate governance: Directors’ duties under Companies Act 2006 include some honesty obligations, but these are primarily to shareholders, not the public
• Health and Safety: Health and Safety at Work Act 1974 requires cooperation with investigations, but doesn’t mandate proactive disclosure
• Public inquiries: Inquiries Act 2005 gives powers to compel evidence, but relies on enforcement rather than proactive candour
There is no equivalent to Regulation 20 for construction, technology, transport, or most other sectors.
3) Who would/should such legislation apply to?
If a comprehensive Duty of Candour were enacted, it should apply to:
Organizations:
• Major infrastructure companies and contractors
• Technology companies providing critical systems
• Building and construction companies, particularly for residential buildings
• Transport operators
• Utility companies
• Large corporate entities, especially those holding public contracts
• Professional services firms (architects, engineers, safety consultants)
Individuals:
• Directors and senior executives with governance responsibilities
• Professional body members (architects, engineers, surveyors) – though some professional codes already include candour
• Those responsible for safety-critical decisions
• Those involved in regulatory compliance and testing
4) What are the penalties for non-compliance (and what should they be)?
Current reality: Penalties are scattered and often inadequate:
• Corporate manslaughter (Corporate Manslaughter and Corporate Homicide Act 2007) can apply but is difficult to prove and rarely used
• Fraud Act 2006 may catch some dishonesty, but requires proof of dishonest intent for gain
• Misconduct in public office applies only to public officials
• Perverting the course of justice applies mainly after investigations begin
• Professional body sanctions for members, but inconsistent across sectors
What penalties could/should exist for a statutory Duty of Candour breach:
For organizations:
• Significant financial penalties (proportionate to turnover, not just fixed fines)
• Disqualification from public contracts
• Suspension or removal of operating licenses
• Mandatory independent oversight
• Criminal liability for corporate entities
• Publicity orders (required public disclosure of failures)
For individuals:
• Director disqualification
• Professional de-registration
• Personal criminal liability (not just corporate)
• Substantial fines
• In cases of serious harm/death: imprisonment
The critical gap: Currently, unless conduct reaches the threshold of fraud, manslaughter, or perverting justice, there’s often no specific offense for institutional dishonesty or failure to proactively disclose safety concerns.
________________________________________
The evidence from Grenfell, Horizon, and other inquiries suggests the current patchwork is insufficient. Several inquiries have recommended broader duties of candour, but legislative action has been limited. Would you like me to explore what reforms are currently being proposed or discussed?
Retry
EL
I think there is legislation being considered in Parliament – but it may not be called Duty of Candour. Please locate, identify and explain the purpose and detail of this proposed legislation
Edit
UK Parliament legislation candour public inquiries 2024 2025
10 results
Government Response to the House of Lords Statutory Inquiries Committee report: Enhancing public trust (HTML) – GOV.UK
www.gov.uk
House of Lords – Public inquiries: Enhancing public trust – Statutory Inquiries Committee
parliament.uk
Debate on the duty of candour for public authorities and legal representation for bereaved families – House of Commons Library
parliament.uk
Public Inquiries – what are they and should they be reformed? | Stone King
stoneking.co.uk
The Hillsborough Law should be a starting point for reform of public inquiries | Institute for Government
instituteforgovernment.org.uk
What’s next for public inquiries? The House of Lords Statutory Inquiries Committee report and the Government’s response – TLT LLP
tlt.com
Statutory public inquiries: the Inquiries Act 2005 – House of Commons Library
parliament.uk
The Hillsborough law: a duty of candour needs more than legislation to work | Institute for Government
instituteforgovernment.org.uk
Public inquiries: Enhancing public trust—report by the House of Lords Statutory Inquiries Committee – House of Lords Library
parliament.uk
Find an inquiry – Committees – UK Parliament
parliament.uk
Excellent question! You’re right – it’s called “Hillsborough Law”. Let me search for more specific details about this proposed legislation.
Hillsborough Law bill 2025 duty candour public servants
10 results
Is the government on track to introduce a ‘Hillsborough Law’?
fullfact.org
The New ‘Hillsborough Law’ Bill – Key Takeaways – Lexology
lexology.com
Hillsborough Law Bill – GOV.UK
www.gov.uk
‘Hillsborough Law’ to instil duty of candour on UK public …
pinsentmasons.com
The Hillsborough law: a duty of candour needs more than legislation to work | Institute for Government
instituteforgovernment.org.uk
Hillsborough Law to ensure truth never concealed by state again – GOV.UK
www.gov.uk
New Hillsborough Law will include legal duty of candour, says Prime Minister
localgovernmentlawyer.co.uk
Implementing the Hillsborough Law: Pragmatism or Betrayal? – The Constitution Society
consoc.org.uk
A new legal duty of candour: the series – Part 3 | Hill Dickinson
hilldickinson.com
Hillsborough Law bill to be introduced in Parliament after years of campaigning by families | ITV News Granada
itv.com
Perfect! I’ve found it. Let me get the full details of the bill:
Fetched Hillsborough Law Bill
gov.uk
Excellent! You’re absolutely right. The legislation is the Public Office (Accountability) Bill, commonly known as “Hillsborough Law”. Let me answer your four questions about this proposed legislation:
1) Purpose of the Legislation
The Hillsborough Law aims to place a legal duty of candour on public officials and authorities to prevent cover-ups similar to those seen in the Hillsborough disaster, as well as the Horizon and Infected Blood scandals. Hillsborough Law to ensure truth never concealed by state again – GOV.UK
The Bill places a new legal duty on public servants to act truthfully and fully support investigations into the state, ensuring wrongdoing is not concealed and delivering justice for victims. Hillsborough Law Bill – GOV.UK The law is named after the 1989 Hillsborough disaster where police tampering with evidence and institutional dishonesty prevented justice for decades.
2) Where to Find the Legislation
The legislation is the Public Office (Accountability) Bill, introduced to Parliament on 16 September 2025. The Bill had its first reading in the House of Commons on 16 September 2025, and draft provisions have now been unveiled. A new legal duty of candour: the series – Part 3 | Hill Dickinson
You can find it at: https://www.gov.uk/government/publications/hillsborough-law-bill
3) Who the Legislation Applies To
The Bill applies to:
Public authorities and public servants, including:
• All public bodies, public servants and officials who must act in the public interest with transparency, candour and frankness, and assist court proceedings, official inquiries and investigations where their acts are concerned. Implementing the Hillsborough Law: Pragmatism or Betrayal? – The Constitution Society
Indirectly to private sector contractors:
• The government expects that public authorities will introduce contractual obligations requiring private sector organisations providing goods and services to public authorities to adopt the same duty of candour. ‘Hillsborough Law’ to instil duty of candour on UK public …
Code of Ethics requirement:
• Public authorities will be expected to produce a code of ethics relevant to their organisation with duties relating to candour, ensuring those working for the authority are aware of the code with consequences for non-compliance. The New ‘Hillsborough Law’ Bill – Key Takeaways – Lexology
4) Penalties for Non-Compliance
Public servants could face jail if they are found not to have told the truth during investigations or inquiries. Hillsborough Law bill to be introduced in Parliament after years of campaigning by families | ITV News Granada
The Bill replaces the current Misconduct in Public Office offence with provisions that more clearly uphold the high standards the public expect of officials, with tough sanctions including time behind bars for those who fall short. Hillsborough Law Bill – GOV.UK
Additional Key Features:
The Bill also includes provisions for bereaved families:
• The largest expansion in legal aid for a decade, providing non-means-tested legal help and representation for inquests. Hillsborough Law Bill – GOV.UK
• A new duty on public authorities to ensure spending on legal advice and representation at inquests is necessary and proportionate, and guidance on lawyer conduct at coroner’s court to ensure families are treated with sensitivity and respect. Hillsborough Law Bill – GOV.UK
This legislation represents a significant shift – creating a proactive statutory duty of candour on public servants and bodies, with criminal sanctions for breach, extending well beyond the existing healthcare-only duty of candour.
Retry
EL
you state ‘This legislation represents a significant shift – creating a proactive statutory duty of candour on public servants and bodies, with criminal sanctions for breach, extending well beyond the existing healthcare-only duty of candour.’ Please explain the meaning of the word ‘candour’ in this context.
Edit
Excellent question – the word “candour” is doing a lot of heavy lifting in this legislation, and its meaning is crucial to understanding what’s actually required.
The Meaning of “Candour” in this Legal Context
Candour derives from the Latin candidus meaning “white” or “pure” – suggesting openness, purity of motive, and transparency.
In the context of the Public Office (Accountability) Bill, candour means:
1) Proactive Truthfulness
Not just avoiding lies, but actively volunteering the truth – even when it’s uncomfortable, embarrassing, or damaging to the institution or individual. This means:
• Disclosing problems before being asked
• Not waiting for investigations to uncover issues
• Coming forward with information that might incriminate or criticize your own organization
2) Completeness and Frankness
The legislation refers to “transparency, candour and frankness” – these terms reinforce each other:
• Transparency: Making information visible and accessible
• Candour: Being honest and sincere in what you say
• Frankness: Being direct and open, not evasive or euphemistic
This means not giving technically true but misleading answers, not omitting crucial context, and not hiding behind careful wording.
3) Acting in Good Faith
Candour implies honesty of intent – not just the letter of disclosure but the spirit. It means:
• Not gaming the system with minimal compliance
• Not structuring information to mislead while technically being “truthful”
• Not delaying disclosure to gain tactical advantage
4) What Candour is NOT
It’s important to understand what candour doesn’t mean:
• It’s not the same as confession (admitting personal guilt)
• It’s not waiving legal privilege (though it may limit its use)
• It’s not self-incrimination without protection (though the balance here will be tested)
• It’s not unlimited disclosure (there may still be legitimate confidentiality boundaries)
Why “Candour” Rather Than Just “Honesty”?
The choice of “candour” over simpler words like “honesty” or “truthfulness” is significant:
“Honesty” is often interpreted passively – not lying when asked.
“Candour” implies an active, positive obligation – volunteering information, being forthcoming, and ensuring others aren’t misled by omission or partial truth.
The Hillsborough Context
The Hillsborough disaster demonstrates why passive honesty isn’t enough:
• Police didn’t necessarily tell direct lies initially
• But they failed to volunteer information about their own failures
• They allowed false narratives (blaming fans) to take hold
• They edited witness statements to remove criticism of police
• They withheld evidence that would have revealed the truth
A duty of candour would have required them to:
• Immediately disclose their operational failures
• Volunteer evidence of communication breakdowns
• Admit mistakes rather than allowing others to be blamed
• Preserve and present all evidence, even if self-critical
The Practical Challenge
The difficulty with “candour” as a legal duty is that it’s somewhat subjective. Questions that will likely arise:
• How proactive must disclosure be?
• What if you don’t realize information is relevant?
• Where’s the line between legitimate institutional loyalty and prohibited cover-up?
• How does it interact with legal advice to “say nothing”?
These questions will ultimately be answered by courts interpreting the legislation, creating case law around what candour actually requires in various situations.
In essence, candour in this context means: “Tell the whole truth, tell it promptly, tell it even when it hurts, and actively help investigations find the truth rather than passively waiting to be asked the right questions.”
Does this help clarify what’s being required by this new duty?
Thank you – end