Key takeaways
Special measures safeguard vulnerable inquiry witnesses
Adjustments ensure fairness and best evidence delivery.
Applications must be detailed and timely
Early requests help inquiries plan protective steps.
Chair holds discretion over protective measures
Decisions balance fairness, necessity, and proportionality.
Public inquiries often involve sensitive issues where witnesses may have experienced fear, distress or psychological harm. Special measures refer to procedural and protective steps taken during an inquiry to ensure fairness and protect vulnerable participants, enabling witnesses to give their best evidence. This includes making reasonable adjustments to ensure that witnesses can give their best evidence, regardless of any difficulties they may have such as pregnancy, neurodiversity, or physical health requirements.
There is no single statute that sets out the application process for special measures in public inquiries in the same way as criminal proceedings (which use the Youth Justice and Criminal Evidence Act 1999). Instead, each public inquiry will adopt protocols and guidance relating to special measures under the Inquiries Terms of Reference.
What special measures can be granted?
It is ultimately at the Chair’s discretion to permit any special measures, but these will usually include:
Witness anonymity in published documents.
Giving evidence via live link from a remote location.
Use of screens to shield the witness from public view.
Restriction of live broadcast of evidence.
Appointment of intermediaries or interpreters.
Regular breaks.
Access to support services during oral evidence.
Clear and short questions.
Additional time to consider documents.
How to apply for special measures?
Any core participant, witness, or their legal representative can apply for special measures if they believe that a witness:
Is vulnerable.
Requires additional support to ensure their effective participation.
There is a risk that giving evidence may cause harm to them.
Most inquiries will publish a Protocol on Special Measures which explains how witnesses can apply and what the application should include.
Applications are typically made in writing to the Inquiry Legal Team or the Chair of the Inquiry. The Chair of the Inquiry often decides the application “on the papers” (without a hearing). Decisions will be based on fairness, necessity, and proportionality.
Applications should be made as early as possible, ideally after the inquiry issues its provisional witness list. This allows the Chair to consider and provide a ruling on special measure requests before hearings begin. Deadlines are usually set out in the inquiry’s procedural directions.
What should the application for special measures include?
A detailed written application is usually required, typically including:
Details of the special measures sought (e.g., live video link, screens, anonymity, short questions, additional time, interpreter etc).
Reasons for the request, explaining the witness’ vulnerability or risk.
Explanation of how the measures will assist the witness in giving evidence.
Any supporting evidence, such as medical reports (if based on health grounds) detailing:
The nature of any medical condition;
How it affects the ability to give evidence; and
The duration and prognosis of any medical condition.
Special measures in public inquiries are not just procedural niceties - they are essential safeguards that uphold fairness, protect vulnerable participants, and ensure compliance with legal and ethical standards.
If your organisation is affected by a public inquiry, get in touch with our specialist lawyers.
