Inquiries Update: Three Things You Need to Know

Achas Burin updates readers on three essential news items concerning the future of Public Inquiries: the commencement of the Lampard Inquiry, the Norton committee reviewing Inquiries and the government consultation on apologies following the Independent Inquiry into Child Sexual Abuse.

1. Terms of Reference published in new Lampard Inquiry

The newly-convened Lampard Inquiry into mental health inpatient deaths is now underway. On 10 April 2024, the Terms of Reference were published in Parliament, following public consultation and the Minister’s agreement. The inquiry adopts an extended definition of ‘inpatient deaths’ to those who died up to three months after leaving inpatient care.

Originally constituted as a non-statutory inquiry under the chairmanship of Dr Geraldine Strathdee in 2021, this Inquiry used to be known as the ‘Essex Mental Health Independent Inquiry’ (EMHII). However, as a non-statutory inquiry, the investigation did not make good progress due to a lack of legal powers to compel evidence and participation from state bodies. Patients and their families campaigned for conversion into a statutory inquiry, which was supported by the then-Chair herself. Many of those campaigners were assisted by Hodge Jones & Allen’s Nina Ali, Agata Usewicz, and Priya Singh.

Since its conversion to a statutory inquiry, Steven Snowden KC and Achas Burin of 12 KBW have been instructed to advise Hodge Jones & Allen.

The Inquiry now proceeds under the chairmanship of Baroness Kate Lampard CBE, a member of the House of Lords who has previously investigated deaths in detention and is the chair of Gamble Aware.

Changes to the Terms of Reference (as compared to those of EMHII) include:

• An extension of the period of time under investigation from 1 January 2000 to 31 December 2023 (previously December 2020);

• A clarification that consideration of serious failings related to the delivery of safe and therapeutic inpatient treatment and care may include consideration of circumstances where serious harm short of death has occurred;

• An acknowledgement that the Inquiry’s report will make national recommendations and, in order to do so, will seek evidence from organisations and others outside Essex.

In a Statement of Approach that accompanied the publication of the Terms of Reference, the new Chair said: “I would like first to stress the seriousness of the issues which lie at the heart of this Inquiry and recognise the suffering and loss which many have endured. […] I will be considering ways to ensure that they remain central to the Inquiry’s work and that its procedures are appropriately informed by their experiences.” She stressed that the Inquiry would continue the work of the EMHII despite a change of name.

The next step for the Inquiry is the compilation of a List of Issues.

2. Government consultation on apologies in civil litigation launched

Following a recommendation from the Independent Inquiry into Child Sexual Abuse (IICSA) that apologies could and should be offered by employers for the actions of current or former employees, the government has issued a public consultation.

The consultation is not limited to abuse cases or to inquiries. In fact, there has been legislation to facilitate apologies since 2006, in the guise of the Compensation Act 2006, section 2. However, there is little evidence that apologies are routinely received despite them being highly valued by victims of torts. They are widely perceived as being admissions of legal liability, including by those with legal training, despite the existence of the Act.

This consultation on the role of apologies in civil proceedings will consider whether the existing legislation is adequate, or whether the law should be clarified or amended.

The consultation is open until 3 June 2024 and can be found here.

3. House of Lords committee review the Inquiries Act 2005

Since the passage of the Inquiries Act 2005, the House of Lords select committee charged with post-legislative scrutiny of that Act has reported once, in 2014. Thirty-three (33) recommendations were made by it at that time, with nineteen (19) being accepted by government.

The House of Lords Select Committee on Statutory Inquiries is preparing to report once again, a decade later, under the chairmanship of Lord Norton of Louth (Con.) and with a membership of peers that include three silks. It has recently heard oral evidence from organisations such as INQUEST and Justice, in addition to those with direct experience of recent inquiries such as Sir John Saunders (Chair of the Manchester Arena Inquiry).

Written evidence from the public is invited with a deadline of 19 April 2024.