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

Steve Witherden Excerpts

Wednesday 3rd September 2025 Westminster Hall

[Ian Byrne]

I agree 100%.

The then chief constable of South Yorkshire police said after the findings of the Hillsborough independent panel in 2012:

“In the immediate aftermath senior officers sought to change the record of events. Disgraceful lies were told which blamed the Liverpool fans for the disaster. Statements were altered which sought to minimise police blame.”

By that point, 23 years after Hillsborough, the game was up. Even South Yorkshire police had to admit that there had been a cover-up of the true facts on an industrial scale.

At the end of the Hillsborough processes in 2020, 31 years had passed. A jury at the inquests had found to the criminal standard of proof, beyond reasonable doubt, that those who died had been unlawfully killed by the gross negligence of the match commander. The police force involved had settled the cover-up cases, having publicly acknowledged that disgraceful lies had been deliberately told by senior officers to shift the blame from the police on to Liverpool supporters. Yet, disgracefully, no public servant or police officer has ever been convicted of any offence or even disciplined. In fact, one of the officers at the very heart of the cover-up, Norman Bettison, not only escaped sanction, but was rewarded. He received a knighthood—a title he disgracefully holds to this day. Truth, but no justice.

Would anybody in this place argue that it was right that those responsible for the 97 unlawful deaths of innocent people walked away without any consequences? I would wager not. However, 36 years after the Hillsborough cover-up, nothing has changed. The very establishments and vested interests responsible for this culture are once again looking to maintain the status quo and the ability to continue state cover-ups and deny justice to those wronged. This place, which has been at the heart of this culture and done so much to enable cover-ups, must acknowledge today that the game is up and act with clarity and moral courage to push back against those vested interests.

That is why we need a duty of candour, which was built into the proposed Hillsborough law of 2017. Establishing a legal duty of candour on public authorities, public servants and corporations that are responsible for public safety would set out a legal principle that they have to tell the truth. Is it not remarkable that that was necessary and remains so?

[Steve Witherden (Montgomeryshire and Glyndŵr) (Lab)]

Does my hon. Friend agree that to change the culture of cover-ups that has caused so much harm to so many, we must have a duty of candour, with criminal sanctions for individuals as well as organisations and authorities?

[Ian Byrne]

My hon. Friend is spot on.

The second aspect of the Hillsborough law would put that new legal principle of truth into practical use by requiring public authorities, public servants and corporations proactively to assist investigations, inquests and inquiries, and providing a legal toolkit to help families and others to make them comply.

Child Arrangements: Presumption of Parental Involvement

Steve Witherden Excerpts

Wednesday 22nd January 2025 Westminster Hall

[Dr Tidball]

I certainly agree. To illustrate why, I want hon. Members to imagine a school night with a child being repeatedly asked by his father if he had completed his homework. The child replied in an exasperated tone, “Yes.” His dad stepped towards him with his fists ready to punch him. The boy’s mum stepped into the space between the fist and her son, and pushed him out of its way. The full force of that fist hit her so hard that she was spun round and fell down the stairs, bruising her arms, legs and back. From the top of the stairs, the child’s father shouted to his son, “Look what you made me do.” Imagine the same boy being driven to tears after his father made his brother eat peas until he was sick. The boy’s mother left her husband, taking the children with her.

Imagine a scene, six months later, where the father barricaded a Children and Family Court Advisory and Support Service officer in her office for 15 minutes. Social services were aware that that same father had made statements that he was capable of killing. Then imagine that, despite knowing all that, a family court permitted the father of those two boys five hours’ unsupervised contact per week. Claire Throssell, my constituent, does not need to imagine that nightmare. She and her two sons, Jack and Paul Sykes, lived it.

[Steve Witherden (Montgomeryshire and Glyndŵr) (Lab)]

Women’s Aid highlights that the pro-contact culture in family courts can force children into contact with abusive parents, sometimes against their will. Does my hon. Friend agree that it is crucial that family justice agencies recognise children as victims in their own right, as outlined in the Domestic Abuse Act 2021, to prioritise their welfare and, most importantly, save lives?

[Dr Tidball]

I do indeed, and I will return to that point later, not least because Jack and Paul Sykes told their social workers that they were scared of their dad. The youngest told them that he was “pure nasty”. Their secondary school was so concerned about the domestic abuse at home that it also alerted social services. Yet, on a two-hour contact visit permitted by a family court and allowed to go ahead by that same CAFCASS officer, Jack and Paul were locked in the attic by their father. Using gasoline, their dad then set multiple fires alight across their home. Paul, aged nine, died at the scene after his elder brother tried to save him. Jack, aged just 12, died later in hospital. The father also killed himself in the blaze.

Jack and Paul Sykes were supposed to return to their mother Claire that night. Instead, the boys died at the hands of a known domestic abuser. Their voices were not heard by social services, nor by the court. CAFCASS never heard their voices either. In fact, the day that Jack was supposed to speak to CAFCASS for a welfare assessment was the same day Claire cradled him in her arms as he died. The only time Jack’s voice was heard was when he was held in the fireman’s arms as he used the last of his strength to say, “My dad did this and he did it on purpose.”

Terminally Ill Adults (End of Life) Bill

Steve Witherden Excerpts

2nd reading
Friday 29th November 2024 Commons Chamber

[Steve Witherden (Montgomeryshire and Glyndŵr) (Lab)]

Assisted dying is already occurring in unregulated ways, with up to 650 terminally ill people taking their own lives each year, often in traumatic circumstances, causing additional pain for their loved ones. The Bill promotes freedom of choice at the end of life in a controlled and regulated manner. Does my hon. Friend agree that legal assisted dying would provide essential safeguards where there currently are none?

[Peter Prinsley]

I thank my hon. Friend for that timely intervention. Some may say that we do not have the resources to introduce this change, and many may say that we must invest in palliative care, which of course we must. But I see assisted dying as complementary to, not an alternative to, palliative care.