Hillsborough Law: What local authorities need to know

The upcoming Public Authority (Accountability) Bill, known as the Hillsborough Law, will fundamentally transform how local authorities (LAs) operate, particularly during serious incidents and investigations. LAs must prepare now for these sweeping changes that introduce criminal liability for officials and establish new transparency obligations across all council functions.

What this means

The legislation creates three key obligations that will directly impact local authority operations.

First, a new statutory duty of candour requires LAs to provide information with complete honesty during investigations, inquiries, and inquests. This isn't limited to major incidents; it applies across all LA activities from housing decisions to social services interventions.

Second, LAs must establish professional duties of candour for all staff, embedded within comprehensive codes of ethics based on the Nolan Principles. These aren't just policy documents, they carry legal weight with disciplinary consequences up to gross misconduct for non-compliance.

Third, a new criminal offence targets officials who mislead the public, carrying potential prison sentences for those who intentionally provide false information or act recklessly when making public statements.

Where LAs are most at risk

LAs face particular exposure in several key areas:

• Housing services, where LAs manage social housing and respond to safety concerns, will face enhanced scrutiny following lessons from Grenfell Tower.
• Social services decisions affecting vulnerable children and adults will be subject to new transparency requirements.
• Environmental health and public safety incidents will require immediate, honest disclosure rather than defensive responses.
• Planning decisions, already contentious, will face additional scrutiny where public safety is involved.
• Emergency response coordination during major incidents will require unprecedented levels of candour and cooperation with investigating authorities.

Immediate actions required

LAs should not wait for the Bill's passing into law to begin preparation. The first priority is reviewing existing codes of conduct and ethics policies against the new legal standards. Many current policies focus on preventing wrongdoing rather than promoting positive transparency. This fundamental shift requires immediate attention.

Senior leadership teams need comprehensive training on the new obligations, particularly understanding that the duty of candour applies personally to individual officials. Legal and communications teams must revise crisis response procedures to prioritise transparency over reputation management.

LAs should audit their current approach to investigations and complaints, ensuring systems support rather than hinder truth-finding. This includes reviewing how information is gathered, stored, and disclosed during internal investigations.

Cultural transformation

Technical compliance alone will not suffice – the legislation demands cultural change throughout local government. Staff at all levels must understand that protecting the LAs reputation cannot come at the expense of honesty and transparency. This requires investment in training programmes and clear leadership commitment to the new approach.

LAs should also prepare for the practical implications of expanded legal aid for bereaved families at inquests. Where LAs are interested persons in coroner investigations, they will face better resourced challenges from families, requiring more thorough preparation and collaborative approaches.

The bottom line

Hillsborough Law represents the most significant change to public accountability in decades. LAs that act now to embed transparency and candour into their operations will be better positioned for success. Those that delay risk criminal liability for officials and reputational damage that could have lasting consequences for their communities.

Preparation begins with honest self-assessment: does your LA's current culture and procedures support truth-finding, or do they prioritise institutional protection? The answer will determine your readiness for this new era of public accountability.

Samantha Grix is a Partner at Devonshires Solicitors LLP. She can be contacted at This email address is being protected from spambots. You need JavaScript enabled to view it..