Hillsborough Law: What is it and why is it Important?
As one of the most significant cases of gross negligence in history, the Hillsborough disaster involved a fatal crush during the 1989 FA Cup Semi-Final match at Hillsborough Stadium. It resulted in the death of 97 Liverpool fans and the injury of 766, primarily due to poor crowd control by police. This event marks the highest death toll in English sporting history. Whilst South Yorkshire Police maintained that hooliganism and drunkenness were to be blamed for the disaster, 6 individuals were eventually charged — 3 decades later. However, the case was ultimately dismissed.
There have been renewed calls for a Hillsborough Law after a TV drama about Anne Williams, whose 15-year-old son died in the disaster, aired at the beginning of the year. These calls have been backed by numerous political figures, such as former Prime Ministers Theresa May and Gordon Brown, MPs Yvette Cooper and Maria Eagle, and Mayors Andy Burnham and Steve Rotheram.
The Law will focus on Bishop James Jones's findings of the experiences of the bereaved Hillsborough families, detailed in his 2017 report.
If passed, the proposed Hillsborough Law would introduce a statutory duty of candour on public servants during all forms of public inquiry and criminal investigation. This duty of candour would impose a legal requirement for public servants to be open and transparent during inquiries and investigations, meaning that dishonest or misleading conduct would be a criminal offence. This would facilitate fairer and more just prosecutions and inquiries involving public servants, such as police officers in the case of the Hillsborough disaster.
The Law would also ensure proper inclusion of bereaved families at inquests through publicly-funded legal representation and the allocation of a public advocate to act on behalf of families of the deceased following major incidents. These measures would allow for a better assessment of the actions of those involved in major incidents like the Hillsborough disaster, allowing the families of victims to argue their case during inquests and feel satisfied with the outcome.
The Government’s ‘Levelling Up’ policy has come under scrutiny during the campaign for a Hillsborough Law. Liverpool City Region Mayor Steve Rotheram has said, “Levelling up cannot only be about big spending announcements and shiny infrastructure projects. It should also be about righting long-term, structural injustices. And there are few bigger than this. Levelling the scales of justice is the very essence of levelling up.”
Put simply, this Law would enshrine the right to justice for bereaved families as a result of public tragedies. This includes disasters such as the Manchester Arena bombing and the Grenfell Tower fire, survivors of which have also backed calls for a Hillsborough Law.
