Duty of Candour for Public Authorities and Legal Representation for Bereaved Families

Andy McDonald Excerpts

Wednesday 3rd September 2025 Westminster Hall

[Andy McDonald (Middlesbrough and Thornaby East) (Lab)]

It is a pleasure to speak in this debate. I congratulate my hon. Friend the Member for Liverpool West Derby (Ian Byrne) on securing it.

The Government committed to a Hillsborough law in their first year, and it should be delivered without delay and in full. The case for action is starkly illustrated by the experience of bereaved families in my constituency and neighbouring areas whose daughters died under the care of Tees, Esk and Wear Valleys NHS trust, known colloquially as TEWV. Three teenage girls—Christie Harnett, Nadia Sharif and Emily Moore—lost their lives in that trust’s care. The independent reports by Niche Health and Social Care Consulting into their deaths were unequivocal: the statutory duty of candour was not met, families were not told the truth and were not supported after the tragedy, and lessons were not learned. The candour that Parliament demanded in 2014 was absent in practice.

The trust has since acknowledged those failings, but wider evidence shows that that is not an isolated case. The Department of Health and Social Care’s recent call for evidence found that only 40% of NHS staff thought that the purpose of the duty was clear, and fewer than a quarter believed that it was correctly applied after serious incidents. Most damning of all, 94% of patients and families felt that providers failed to engage with them meaningfully or compassionately when things went wrong. Rob Behrens, the ombudsman, said that avoidable deaths in mental healthcare are “too common” and that the duty of candour does not work.

That is why we need an updated duty of candour—one that binds public authorities and individual leaders with consequences when truth is withheld. Crucially, bereaved families must have automatic access to funded representation. For too long, the state has been represented while ordinary families have had to fight alone. I therefore add my voice to those calling for a public inquiry into the deaths of Christie, Nadia and Emily. Indeed, other bereaved families have more than justifiable cause for complaint. Only a full inquiry can reveal the truth, demonstrate why the current duty is insufficient and ensure that lessons are learned. If “never again” is to mean anything, let us deliver the Hillsborough law in full so that openness, honesty and justice become the defining standards of public service.

[Wera Hobhouse (in the Chair)]

Before I call Patrick Hurley, let me say that there are two Members who want to speak but are not on the list. I want everybody’s voice to be heard, so I will give them two minutes each at the end.

--- Later in debate ---

[Alex Davies-Jones]

I can confirm that. Once the Bill receives Royal Assent, it will apply immediately and cover any inquiry that is taking place. That includes the Government statutory inquiry that we have announced on Orgreave, the Government inquiry on grooming gangs, and any inquiry or inquest that will be taking place.

[Andy McDonald]

The Minister mentioned getting this right, yet the Government were presented with a fully drafted Bill by a learned counsel. Can she give an indication of where the discrepancies and differentiations are between the Bill that was presented—properly drawn—and the current Government position?

[Alex Davies-Jones]

I will happily do that for my hon. Friend. I want to put on record our thanks to Pete Weatherby KC, Elkan Abrahamson, all those at Hillsborough Law Now, Andy Burnham and my hon. Friend the Member for Liverpool West Derby for the Bill that was drafted in 2017. That Bill has been our guiding north star as we seek to draft a workable, practical and actually deliverable piece of legislation.

We need to remember that we will be legislating on a duty of candour for more than 1.9 million public servants. We need to get that right, with no unintended consequences, and it needs to be worthy of the families. I will happily meet with anyone, but my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) will be aware that I cannot outline the details at this stage. However, I will in due course.

I want to place on record my thanks to Inquest, as other Members have. In February, it held a family listening day for the Government on this very important issue. We rightly refer to the Hillsborough families in this debate. However, as we have heard, the campaign is much bigger than that. It is for anyone who has ever had to fight for the truth in the face of state denial and institutional cover-ups. It will stop anyone else having to go through what they endured. It is for those affected by the infected blood scandal and for those who fought for the truth and to clear their names in the Post Office Horizon scandal. If is for those affected by the horrific fire in Grenfell Tower, for nuclear test veterans, for those affected by Primodos, the MEN arena victims and, sadly, many, many more.

Inquest brought together representatives from those areas as well as other campaign groups, including those who have had difficult experiences at inquests. The event asked the question: what would make a good Hillsborough law? Inquest’s report from that day, titled “All or Nothing”, which is available online, has been instrumental for the Government in understanding exactly what is needed to rebuild trust and help improve the experiences of those involved in inquests and inquiries.