Hillsborough Law passes: a new era of accountability for public authorities

The proposed Public Office (Accountability) Bill, commonly known as the "Hillsborough Law", has passed through the House of Commons today (14 July 2026).

The legislation attracted considerable attention following delays earlier this year caused by disagreement over whether its provisions should apply to the intelligence services. Following sustained campaigning by bereaved families and supporters of the Hillsborough Law, the Government has brought forward amendments intended to ensure that the principle of accountability applies consistently across all public services, including the intelligence services, reinforcing the Bill's central objective of transparency without exemption.

At its heart, the Bill seeks to address concerns that public authorities can become defensive following major incidents, public inquiries, inquests and investigations. Through the introduction of a statutory duty of candour and assistance, strengthened ethical obligations and new accountability measures, the legislation aims to ensure that public bodies engage openly, honestly and transparently when things go wrong.

Importantly, the Hillsborough Law should not be viewed solely as a legal reform. It represents part of a broader cultural shift across public services. Health and social care organisations are already familiar with duties of candour and the importance of openness, learning and continuous improvement. However, the proposed legislation goes further by placing transparency at the centre of public service accountability and reinforcing the expectation that institutions proactively disclose information rather than prioritise reputation management.

In this sense, candour is no longer simply regarded as good practice or a regulatory requirement; it is increasingly becoming a defining characteristic of public service leadership.

Implications for health and social care organisations

For senior leaders, the implications are potentially significant. The Bill places considerable emphasis on both organisational and personal accountability. Subject to the final form of the legislation, directors and senior decision-makers may face increased personal scrutiny in relation to their oversight of governance, disclosure, decision-making and organisational culture.

Governance arrangements, escalation pathways, audit trails and organisational responses to incidents are all likely to be examined in greater detail during future inquests, inquiries and investigations. Demonstrating that decisions have been made transparently, appropriately challenged and accurately documented may become just as important as the decisions themselves

A notable feature of the proposed reforms is the emphasis on proactive candour. Organisations may be expected to identify, disclose and correct information at the earliest opportunity rather than waiting for requests from investigators, coroners, inquiries or affected families. This represents an important shift from reactive disclosure towards active transparency and reinforces the expectation that openness should be embedded within organisational practice rather than exercised only when required.

While much of the discussion surrounding the legislation has focused on culture, organisations should also recognise the potential criminal, legal and operational impact of the reforms. The Bill proposes enforceable duties and new criminal offences relating to failures of candour, misleading the public and misconduct in public office. This signals a stronger approach to individual and institutional accountability than has previously existed.

Many organisations across the health and social care sector are already pursuing the standards that the legislation seeks to reinforce. Creating open and learning cultures, strengthening incident management frameworks, improving engagement with patients and families, and embedding professional duties of candour remain priorities across the sector. For these organisations, the Hillsborough Law may be viewed less as a departure from existing good governance and more as a formalisation of behaviours and values that high-performing organisations already seek to uphold.

Active challenges for boards and directors

However, implementation should not be underestimated. Boards should consider whether their governance arrangements are capable of demonstrating compliance with heightened expectations of transparency and accountability. Particular attention is likely to be required in relation to records management, disclosure processes, incident response procedures, executive oversight, staff training and assurance mechanisms. As scrutiny increases, organisations will need to evidence not only what decisions were made, but how they were reached, challenged, documented and communicated. If decision-making and disclosure processes are not clearly recorded, they may become difficult to defend under external scrutiny.

Boards should also anticipate a change in the nature of future inquests and public inquiries. Enhanced support and representation for bereaved families is expected to result in closer examination of organisational conduct, decision-making and disclosure practices. Consequently, witness evidence, public communications and organisational narratives may be tested more rigorously than has historically been the case, increasing the importance of consistency, accuracy and transparency throughout an organisation's response.

As the legislation progresses, organisations should focus on readiness rather than waiting for the final details to be confirmed. Reviewing policies on candour and disclosure, strengthening governance frameworks, ensuring robust audit trails, and providing practical training for boards and senior leaders are all sensible steps that align with the direction of travel.

Ultimately, the Hillsborough Law is about more than compliance. It reflects a growing expectation that public institutions will place transparency, accountability and learning at the centre of their response when things go wrong. For boards, the challenge is no longer simply to promote an open culture, but to demonstrate through governance, decision-making and organisational behaviour that openness is embedded in practice.

Although the Bill must still complete its passage through the House of Lords, the direction of travel is clear: transparency, candour and accountability are becoming increasingly central to the delivery of public services, and organisations should begin preparing now for those heightened expectations.

For advice on navigating public inquiries, investigations and evolving accountability requirements, get in touch with our Inquiries and Investigations team, which supports organisations and senior leaders facing regulatory, statutory and public scrutiny.