What Is a Public Inquiry and How Does It Work?

A public inquiry is a formal investigation established to examine a matter of public concern, consider evidence and make findings and, where appropriate, recommendations.

Public inquiries can be established following serious events, systemic failures or concerns about how public bodies, institutions or services have operated.

The precise structure of an inquiry will depend on the legal basis under which it is established and its terms of reference.

Why Are Public Inquiries Established?

A public inquiry may be established where there is a need for an independent investigation into matters of significant public concern.

Depending on the subject, an inquiry may examine:

• what happened and why;
• the actions or decisions of public authorities or institutions;
• whether systems, policies or procedures operated properly;
• evidence from individuals, organisations and public bodies; and
• whether recommendations should be made to reduce the risk of similar problems occurring again.

Who Runs a Public Inquiry?

A public inquiry is normally led by an appointed chairperson. In some cases, the chair may be supported by other members of an inquiry panel.

The chair is responsible for managing the proceedings within the inquiry's legal framework and terms of reference.

For statutory inquiries under the Inquiries Act 2005, the chair has significant responsibility for determining the procedure and conduct of the inquiry.

What Are the Terms of Reference?

The terms of reference set out the matters the inquiry has been established to investigate.

They are important because they help define the scope of the inquiry, the issues it can examine and the matters on which it may ultimately report.

The evidence considered by the inquiry will usually be gathered and assessed within that defined scope.

What Evidence Can a Public Inquiry Consider?

Public inquiries may consider a wide range of evidence depending on the subject being investigated.

This can include:

• witness statements;
• oral evidence from individuals and organisations;
• official records and correspondence;
• policies, procedures and internal documents;
• medical, technical or other expert evidence; and
• documents held by government departments or other public bodies.

In a statutory inquiry, the chair may also have powers to require the production of evidence or documents in accordance with the applicable legislation.

Are Public Inquiry Hearings Open to the Public?

Statutory public inquiries are generally intended to operate transparently. Members of the public and media may be able to attend proceedings or access records of evidence and documents.

However, restrictions can be imposed in appropriate circumstances, for example where sensitive information, privacy, security or other legal considerations are involved.

Who Can Participate in a Public Inquiry?

The way individuals and organisations participate will depend on the inquiry and its procedures.

Some people or organisations may be formally recognised as participants because of their involvement in, or connection with, the matters under investigation. Others may be asked to provide documents, witness statements or oral evidence.

Legal representation can help participants understand their role, review disclosure and evidence, prepare statements and submissions, and participate effectively in hearings.

What Happens at the End of a Public Inquiry?

At the end of the investigation, an inquiry will normally produce a report setting out its findings.

Depending on its terms of reference, the report may also include recommendations concerning policies, procedures, institutions or public services.

A public inquiry is not a criminal trial or civil damages claim. A statutory inquiry under the Inquiries Act 2005 cannot determine civil or criminal liability, although its findings may address matters of responsibility where this is relevant to the facts being investigated.

Public Inquiries in Northern Ireland

Public inquiries in Northern Ireland can involve complex evidence, significant volumes of disclosure and detailed examination of the actions of public bodies and institutions.

P.A. Duffy & Co advises and represents individuals and families involved in public inquiries and related investigations.

For information about legal representation, visit our legal support during public inquiries and investigations page or explore our wider Human Rights and Public Law services.