Learning Lessons from Hillsborough: How Hillsborough Law Seeks to Transform Justice for Bereaved Families

On 15 April 1989, during an FA Cup semi-final at Sheffield Wednesday’s Hillsborough Stadium, a catastrophic crush in the overcrowded pens led to the deaths of 96 supporters and hundreds more were injured. 

It took 27 years of campaigning before a second inquest ruled in 2016 that the victims were unlawfully killed, overturning the original 1991 conclusion of accidental death.  

Despite this landmark ruling, subsequent criminal cases did not result in individuals being held legally accountable, leaving families without the justice they had fought for over decades.  

In the aftermath of the Hillsborough disaster, campaigners called for accountability and adequate statutory protection to ensure that the lack of disclosure experienced by the families of the victims never occurs again. 

Long-term campaigning has produced the Hillsborough Law Bill (formally known as the Public Office (Accountability) Bill 2025) which was introduced to the House of Commons on 16 September 2025.  

Hillsborough Law aims to ensure bereaved families are properly supported during inquests by providing non‑means‑tested legal aid, to introduce a legal duty of candour requiring public authorities and officials to act openly and truthfully, and to create statutory offences for public authorities and officials, so that those who mislead the public can be held accountable. 

The introduction of this legislation will fundamentally change the way investigations involving the state are approached. There are three core aims:

Statutory duty of candour and assistance

The Bill introduces a statutory duty of candour and assistance, requiring public authorities and officials to act transparently and not mislead the public. It is intended to replace the current patchwork of non‑statutory expectations and inconsistent disclosure practices that have previously allowed information to be withheld. This new duty includes acting with honesty and proactively assisting investigations into state‑related deaths.

The aim is for there to be an obligation on public bodies to proactively share information without withholding unfavourable information and to engage and participate in investigations, inquests, and inquiries.

It is proposed that breaching this statutory duty may result in criminal sanctions of up two years’ imprisonment or a fine.

Legal aid: Non means tested funding

At present, access to legal aid public funding at inquests for bereaved families is limited, which creates significant barriers for those families seeking meaningful participation in the process.

Legal aid is not automatically granted for families of the deceased. It is usually reserved for deaths which trigger Article 2 of the European Convention on Human Rights, or where the case is deemed to be in the wider public interest. Sadly, this means that many bereaved families have to navigate inquests without any legal representation, while public bodies have the benefit of legal teams supporting them, creating an imbalance that undermines both fairness, and confidence in the process.

The Bill proposes making non‑means‑tested legal aid automatically available to bereaved families where a public authority is an Interested Person, creating true “parity of representation” at inquests. By guaranteeing families legal representation in these cases, the Bill aims to provide meaningful participation in the process and promote a fair and balanced investigation.

The broadening of legal aid funding will help address the power disadvantage that occurs when public authorities have legal representation and families do not. Access to legal aid will help ensure that bereaved families’ voices are heard, and that they can participate meaningfully in inquests, and with greater levels of support and guidance.

Misconduct in Public Office offences

The Bill aims to replace the common law offence of Misconduct in Public Office with new statutory offences to ensure clearer accountability for individuals who breach their duties while carrying out public functions. It proposes introducing two new statutory offences:

1. Seriously Improper Acts: this offence will carry a maximum sentence of 10 years imprisonment for those who use their office to gain a benefit or cause detriment where they knew or should have known their conduct was seriously improper.
2. Breach of Duty to Prevent Death or Serious injury: this offence will carry up to 14 years imprisonment for those in public office that breach their duty to prevent death or serious injury.

Although the Bill was introduced on 16 September 2025, the Government announced in January 2026 that the next parliamentary stage of the Bill will be delayed so that further amendments can be made.  

The proposed amendments apply to intelligence services in the UK. Originally, intelligence services were excluded from the statutory duty of candour, however after this was challenged by campaigners they are yet to reach agreement as to how to strike the correct balance between transparency and national security. The Government has paused the bill’s progression in the meantime.   

A revised date for the report stage and the third reading has not yet been scheduled. For the latest updates on the Bill’s progress through Parliament, please follow this link.

The implementation of the Bill will ensure public authorities act with transparency and honesty, complying with disclosure requirements, and facing criminal sanctions if they breach this duty. Ensuring that public bodies tell the truth and fully cooperate with investigations is essential for securing justice for bereaved families throughout, both, the investigation and inquest process. 

Furthermore, introducing parity of representation at inquests involving a public authority will allow bereaved families’ interests to be fully represented without needing to meet strict eligibility criteria for legal aid. As inquests aim to uncover the true facts and hold public bodies accountable, maintaining a level playing field is vital. 

“As a solicitor specialising in inquests, I feel these reforms represent a long‑overdue step towards ensuring genuine fairness, accountability, and transparency within state‑related investigations. They will help ensure that institutional failures such as those seen after the Hillsborough disaster and the Grenfell Tower fire are properly learned from and not repeated.”