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Public Inquiries and Investigations

On 12 May 2021, the Prime Minister announced establishment of an independent, statutory public inquiry into the government’s handling of the Covid-19 pandemic; likely to be one of the most complex inquiries in recent times. On 15 December 2021, the Rt Hon Baroness Heather Hallett DBE was appointed to Chair the Inquiry and on 28 June 2022 the Inquiry was formally set up. As an Inquiry established under the Inquiries Act 2005, the Chair has the power to compel individuals to provide evidence, with witnesses giving evidence under oath during public hearings, making it open to the additional scrutiny that this process brings.

In May 2022, the Inquiry welcomed the appointment of eleven King’s Counsel and in June 2022, the Chair appointed 50 junior Counsel to join its legal team. After holding a public consultation, the final Terms of Reference were announced on 28 June 2022, setting out the topics of the Inquiry’s investigations into the UK’s pandemic response.

There is a separate Scottish Covid-19 Inquiry, chaired by Lord Brailsford, which is an independent statutory inquiry established by Scottish Ministers under the Inquiries Act 2005. The terms of reference for the Scottish Covid-19 Inquiry were issued on 14 December 2021 and it was formally set up on 28 February 2022. In February 2023, the UK Covid-19 Inquiry and Scottish COVID-19 Inquiry published details on how they will work together under a Memorandum of Understanding.

The first of its kind in the UK legal market, our dedicated Inquiries & Investigations team has advised on some of the highest-profile public inquiries established by the UK government. Armed with a detailed understanding of the inquiry process from both the perspective of the inquiry itself and the core participants, in this hub we provide insights into the COVID-19 public inquiry to assist our clients in preparing for its impact.

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Articles

A UK statutory public inquiry; to be or not to be?

This is the first article in a three-part series where we consider what options are available to the Government in respect of an inquiry into the COVID-19 pandemic. In this first article, we consider, amongst others, the potential forms and timings for the inquiry and the advantages and disadvantages of a statutory inquiry.

What form might the UK Government’s “independent review” take?

The second article in our series where we consider what options are available to the Government in respect of an inquiry into the COVID-19 pandemic. In this second article, we consider: an update on a COVID-19 public inquiry; the format of previous reviews; Article 2 role of an inquiry; and what can we learn from other reviews.

Could technology expedite an inquiry into the Covid-19 pandemic?

The third article in our series where we consider the latest update on the COVID-19 public inquiry, and the use of technology in public inquiries. IT systems have always been the lifeblood of an inquiry, but never before has the importance of successful technology been so vital to the smooth operation of its work and effective engagement with participants and the public.

The UK and the devolved nations: Will there be an inquiry or inquiries into the response to Covid-19?

The administrations of all four nations in the UK are under pressure to establish inquiries into how the current pandemic has been handled. Public inquiries have a two-fold purpose; first, to find out what happened - what went well, and what didn’t, and secondly, to identify what lessons should be learned for the future. But how are these issues going to be examined by any public inquiry?

What could we expect from the UK Covid-19 Public Inquiry? – Part 1

In this series of articles we consider some of the areas of investigation suggested in the draft ToR for the Covid-19 Public Inquiry, through an analysis of the evidence already heard by the Joint Inquiry.

The UK Covid-19 Public Inquiry What we know so far, and what it means for you

In this briefing note we look at what’s happened to date in the Covid-19 Public Inquiry and consider the practical implications for those likely to become involved.

What could we expect from the UK Covid-19 Public Inquiry? – Part 2: The deployment of non-pharmaceutical interventions and the consequences

In part two of our series, we will consider the deployment of non-pharmaceutical interventions and the consequences of those measures. We will focus specifically on: The Government’s early decisions on which non-pharmaceutical measures to utilise; The public’s compliance with the measures; and The impact of the measures on maternity services, mental health services and care homes.

Speedbriefs

Earlier this week, the UK Covid-19 Inquiry held its second preliminary hearings on Modules 2B and 2C, which focus on the “core political and administrative decision making relating to the management of the pandemic” in Wales and Northern Ireland, respectively.

UK Covid-19 Inquiry - Modules 2B and 2C

Earlier this week, the UK Covid-19 Inquiry held its second preliminary hearings on Modules 2B and 2C, which focus on the “core political and administrative decision making relating to the management of the pandemic” in Wales and Northern Ireland, respectively.

31 March 2023

This week, the UK Covid-19 Inquiry held its second preliminary hearing on Module 2A – which will focus on the “core political and administrative decision making relating to the management of the pandemic in Scotland”.

UK Covid-19 Inquiry - Module 2A

This week, the UK Covid-19 Inquiry held its second preliminary hearing on Module 2A – which will focus on the “core political and administrative decision making relating to the management of the pandemic in Scotland”.

23 March 2023

UK Covid-19 Inquiry - Module 3 Preliminary Hearing

The Covid-19 Inquiry held its first preliminary hearing for Module 3 on 28 February 2023. Module 3 is tasked with examining the impact of the Covid-19 pandemic on healthcare systems in England, Wales, Scotland and Northern Ireland. This preliminary hearing dealt with a number of issues, including the provisional outline of scope for Module 3, the evidence gathering process, disclosure, and the listening exercise - known as Every Story Matters.

02 March 2023

UK Covid-19 Inquiry - Module 2 Preliminary Hearing

The Covid-19 Inquiry (“the Inquiry”) held the first preliminary hearings for Module 2 on 31 October, 1 and 2 November 2022. Module 2 is tasked with examining the UK’s core political and administrative decision-making in relation to the Covid-19 pandemic.

07 November 2022

UK Covid-19 Inquiry: the latest update

On 31 August 2022, the Covid-19 Inquiry provided further information about its progress and opened up a further window for Core Participant applications.

UK Covid-19 Inquiry – latest update - October 2022

On 4 October 2022, the Covid-19 Inquiry held its first preliminary hearing for Module 1 of the Inquiry, which will examine the UK’s resilience and preparedness for the Covid-19 pandemic.

10 October 2022

Events:

The Practical Guide to Public Inquiries: Past, Present and Future

The UK is no stranger to public inquiries and they have evolved to become a feature of modern administrative justice. Over the last few decades we have seen, and been involved in, some of the most serious and complex inquiries come into the public eye including the tragedy of Grenfell Tower, the Bloody Sunday Inquiry, the Mid Staffordshire NHS Foundation Trust Inquiry and the Independent Jersey Care Inquiry. This year has been one of the most challenging for the general public and since the start of the pandemic there have been numerous calls for public inquiries into the governments’ handling of COVID-19, something which is likely to come into focus over the coming months.

Our expert panel look at some of the key areas surrounding public inquiries including; how inquiries are set up, the gathering of evidence, Maxwellisation, and what could be on the horizon.

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