The Hillsborough Law: What a Statutory Duty of Candour Could Mean for Schools and Academy Trusts

You may have seen it referred to as "the Hillsborough Law" — its formal name is the Public Office (Accountability) Bill, and it's moving through Parliament faster than it looked a few weeks ago. The earlier standoff over exemptions for the intelligence services was resolved by amendments agreed in July 2026, and the Bill has since passed the House of Commons. It's now before the House of Lords for scrutiny, with Royal Assent the next milestone to watch. It's worth understanding now, before it lands.

What the Bill would actually require

At its heart is a new statutory duty of candour and assistance, requiring public bodies to be truthful, accurate and helpful when engaging with inquiries and inquests. Crucially, this isn't a passive duty to answer questions when asked — it would require organisations to proactively identify and disclose relevant information, rather than waiting to be asked for it.

Who it would reach

The scope is broad: government departments, emergency services, NHS bodies, local authorities, universities and further education institutions, and private organisations carrying out public functions or contracts. Local authority-maintained schools sit within that scope directly, and academy trusts — delivering a public education function under contract with the Department for Education — sit close enough to it that the direction of travel matters, even before the exact boundaries of "public function" are settled in the final text.

Why this is relevant to facilities and safeguarding, not just legal teams

Where this duty would bite hardest for schools and community venues is exactly where facilities management, health and safety and safeguarding already overlap: a serious accident, a building safety failure, or a safeguarding incident that ends up in front of a coroner or a statutory inquiry. Welfare records, disability support arrangements, maintenance and inspection records, and safeguarding concerns would all become material that needs to be disclosed proactively and accurately — not tidied up retrospectively.

What to do while it's still a Bill

There's still no commencement date, and we'd rather you didn't overreact to a Bill that hasn't received Royal Assent — but it's now close enough that "wait and see" is no longer the safest posture. Good record-keeping and an honest reporting culture are good practice regardless of exactly when this specific law lands:

1. Keep incident and inspection records complete and contemporaneous — recorded at the time, not reconstructed afterwards.
2. Make sure fixes are documented, not just carried out. "We sorted it" isn't evidence; a dated record of what was found and what was done is.
3. Review your safeguarding and incident reporting culture — is the instinct to disclose promptly, or to wait and see if it's asked about?
4. Keep a clear paper trail on responsibility — who signed off what, and when — so retrospective disclosure doesn't become a reconstruction exercise.
5. Watch for Royal Assent and the eventual commencement regulations — with Lords scrutiny now underway, the core duty provisions look increasingly likely to reach the statute book substantially as drafted.

If you'd like a review of how your current incident reporting and record-keeping would hold up under this kind of scrutiny, get in touch for a free 30-minute consultation.

This article is general guidance, not legal advice, and reflects the Bill's status as of late September 2026. The Public Office (Accountability) Bill has not completed its passage through Parliament and its final scope and commencement date may change — consult a qualified legal adviser for a definitive view.