{"id":236124,"date":"2025-10-11T05:00:00","date_gmt":"2025-10-11T04:00:00","guid":{"rendered":"https:\/\/schoolsweek.co.uk\/?p=236124"},"modified":"2025-10-09T14:35:29","modified_gmt":"2025-10-09T13:35:29","slug":"the-accountability-implications-of-the-hillsborough-law","status":"publish","type":"post","link":"https:\/\/schoolsweek.co.uk\/the-accountability-implications-of-the-hillsborough-law\/","title":{"rendered":"The accountability implications of \u2018the Hillsborough Law\u2019"},"content":{"rendered":"\n

The Public Authority (Accountability) Bill 2025<\/a> is the result of a decades-long campaign for justice for the victims of the 1989 Hillsborough disaster. It is currently making its way through parliament but stands a good chance of passing without significant change, and it could have significant implications for schools and trusts.<\/p>\n\n\n\n

Commonly referred to as the Hillsborough Law, the bill aims to address past failures and to set a blueprint for how public life should be conducted in future.<\/p>\n\n\n\n

Here\u2019s what we know about its provisions and how they could impact the education sector.<\/p>\n\n\n\n

Code of ethical conduct<\/strong><\/h3>\n\n\n\n

Every school and trust will be required to develop, implement and publicise a code of ethical conduct that promotes candour and integrity.<\/p>\n\n\n\n

This code must align with the seven principles of public life (\u2018the Nolan principles\u2019) and include provisions for protected disclosures (whistleblowing<\/a>).<\/p>\n\n\n\n

The code will not only apply to all staff but also to independent and student governors, and to staff governors as governors \u2013 all of whom are currently expected to observe the Nolan principles as a matter of good practice.<\/p>\n\n\n\n

Legal duty of candour<\/strong><\/h3>\n\n\n\n

At the bill\u2019s heart is the creation of a legal and professional duty of candour.  Public officials and authorities will be legally required to act with honesty, integrity and transparency during investigations, inquiries and inquests.<\/p>\n\n\n\n

This new duty mandates that relevant information must be disclosed proactively and promptly, rather than reactively or selectively.<\/p>\n\n\n\n

Failure to comply with this duty (especially where there is intent to mislead or obstruct) will be treated as a criminal offence, punishable by up to two years\u2019 imprisonment and\/or a fine.<\/p>\n\n\n\n

New offence: Misleading the public<\/strong><\/h3>\n\n\n\n

The bill also introduces a new statutory offence for misleading the public. Public officials who knowingly or recklessly provide false or seriously improper information in their professional capacity may face criminal sanctions.<\/p>\n\n\n\n

The conditions required for the offence are dishonesty that:<\/p>\n\n\n\n

    \n
  • was significant or repeated (including concealment or obfuscation),<\/li>\n\n\n\n
  • caused or had the potential to cause harm to a person, and<\/li>\n\n\n\n
  • departed significantly from what is to be expected in the proper exercise of the person\u2019s functions.<\/li>\n<\/ul>\n\n\n\n

    There is a defence of reasonable excuse.<\/p>\n\n\n\n

    Implications<\/strong><\/h3>\n\n\n\n

    Inquests, inquiries and instances of misleading the public are relatively rare, so the main implications for schools and trusts relate to the creation and implementation of an ethical code of conduct.<\/p>\n\n\n\n

    This code must promote ethical conduct, candour, transparency and frankness within all parts of a school or trust\u2019s work.<\/p>\n\n\n\n

    It must set out specific behavioural expectations for discharging the duty of candour and explain what employees should do to comply with it.<\/p>\n\n\n\n

    And it must set out the disciplinary consequences for failing to act in accordance with these expectations, including any circumstances where such failure may amount to gross misconduct.<\/p>\n\n\n\n

    The code will need to include a mechanism for employees and others to raise concerns about unethical conduct and breaches of the codes by college employees and to whistleblow where appropriate.<\/p>\n\n\n\n

    While few would argue that these are unreasonable expectations, and many would argue that the sector already abides by these principles, these new legislative requirements will require schools and trusts to review how they do things in many different areas.<\/p>\n\n\n\n

    Governance will need to adapt to the new expectations (particularly when considering how to deal with matters regarded as controversial or confidential) and how this sits with their duty as charity trustees to protect the reputation of the organisation.<\/p>\n\n\n\n

    Staff will need to be trained on what the duty of candour means in their areas and how it interacts with other legal duties, for example those related to privacy, confidentiality and data protection.<\/p>\n\n\n\n

    Schools and trusts will need to review their processes for managing disclosures and concerns about unethical conduct, as they could face significantly more of these once the legislation comes into force. <\/p>\n\n\n\n

    Finally, the new law could have a significant impact on dealing with complaints and claims.<\/p>\n\n\n\n

    In short, now is the time to start preparing for what could be a pivotal shift in public accountability and transparency.<\/p>\n\n\n\n

    <\/p>\n","protected":false},"excerpt":{"rendered":"

    New legislation making its way through parliament will place new ethical responsibilities on schools and trusts<\/p>\n","protected":false},"author":311124,"featured_media":236125,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"footnotes":""},"categories":[6,3734],"tags":[],"post-theme":[3726],"class_list":["post-236124","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-opinion","category-the-leader","post-theme-the-legal-leader"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t