Grenfell families call for ‘all or nothing’ Hillsborough Law

They would face criminal prosecution if they failed to do so.

Duty of candour legislation had been a Labour manifesto pledge, but the government confirmed last week that it would not meet its promise to bring the law into effect before the 36th anniversary of the Hillsborough tragedy.

On 15 April 1989, during an FA Cup semi-final between Liverpool and Nottingham Forest at the Hillsborough stadium, 97 football fans were unlawfully killed after gross negligence by police. The subsequent cover-up sparked a fight for justice that has lasted three-and-half decades.

Last July, during the King’s Speech, Sir Keir Starmer’s government promised to introduce a duty of candour law, following calls from Grenfell and Hillsborough survivors, to address the “unacceptable defensive culture” prevalent across “too much of the public sector”.

Last week, Sky News reported that families had concerns over the “watering down” of the law. The government also confirmed the drafting of the legislation had been delayed, saying “more time is needed to draft the best version of a Hillsborough Law”.

Inquest’s report suggests families and victims fear the government will change or amend the 2017 bill, and are demanding an “all or nothing” Hillsborough Law.

Natasha Elcock, chair of Grenfell United, said: “The denial and cover-up after Grenfell should never have been allowed to happen. Instead of accepting responsibility, we saw so many institutions and companies trying to protect their reputation after 72 people died.

“Why is it so easy for public and private agencies to escape accountability and scrutiny? Establishing a duty of candour could prevent this, help us learn from failures and ensure bereaved and survivors are properly supported. This is why a Hillsborough Law is so urgent.”

The group has asked that a statutory duty of candour be “backed up by effective provisions to ensure compliance, and robust sanctions to ensure accountability” in order to “bring an end to the culture of denial and cover-ups following state failings which currently prevail”.

Another key demand is for the law to provide public funding for families’ legal representation after state failures, to ensure equality of arms with public bodies. Under the current system, families are often left without public funding and forced to crowdfund to cover their legal costs, while state bodies have legions of lawyers.

Deborah Coles, director of Inquest, said: “At the family listening day, we heard about some of the worst failings of our public services and legal system over decades. This institutional defensiveness and cruelty to families must end.

“While a further delay by government is disappointing, it must now be used as an urgent opportunity to ensure the bill meets families’ demands. The evidence in our report is too compelling and stark to ignore. Anything less will be a betrayal.”

Elizabeth Campbell, leader of Kensington and Chelsea Council, said: “Anyone involved in a major public tragedy owes it to the victims to be proactively open and honest with any investigation that follows. There can be no half measures.

“We placed the duty of candour at the heart of our response to the Grenfell Inquiry to help the bereaved and survivors find the truth as quickly as possible. We fully support a Hillsborough Law to compel others to do the same.”

A government spokesperson said: “We thank Inquest for their report, and pay tribute to the victims and their loved ones who have worked tirelessly to get the justice they deserve.

“Having consulted with Hillsborough families and campaign groups over the past few weeks, we believe more time is needed to draft the best version of a Hillsborough Law.

“We remain fully committed to bringing in this legislation at pace, which will include a legal duty of candour for public servants and criminal sanctions for those who refuse to comply.”