The Practical Guide to Public Inquiries

Contents
About the Authors
1. Public Inquiries
	Introduction
	What is a Public Inquiry?
	The Role of a Public Inquiry
	The Basis upon which an Inquiry may be Convened
	The Challenges
	Table of UK Public Inquiries Convened by a Minister
2. Appointments
	Introduction
	The Chair and Panel
	Process of Appointing a Chair and Panel Members
	Conflicts
	Speed of the Appointment Process
	Issues for the Chair on Appointment
	Consultation and Focus on the Terms of Reference
	Counsel to the Inquiry
	Appointment of Counsel
	Role of Counsel
	Appointment of the Solicitor to the Inquiry
	Appointment of the Secretary to the Inquiry
	Role of the Secretary to the Inquiry
	The Inquiry Team: Additional Considerations
	The Role of the Sponsoring Department
3. Location and Venue
	Introduction
	Geographical Location
	Choosing the Right Type of Premises
	What to Expect from the Inquiry Premises
	Separation of Certain Categories of Core Participants and Witnesses
	Facilities for the Press and Broadcast Media
	Venue Set-Up
4. IT Systems
	Introduction
	Cost and Effectiveness
	The Inquiry's IT Systems
	The Inquiry Management System
	Potential Features of Inquiry Management Systems
	The Document Management System
	Potential Features of a Document Management System
	Hearing Room Systems
	Interactions between a Document Management System and a Hearing Room System
	Possible Features of Hearing Room Systems
	Transcription
	The Inquiry's Website
	Team Communications
	Other IT Issues to Consider
	Data Security and Storage
	Ongoing Technical Support
	Sending Documents to the Inquiry
5. Protocols, Rulings, Directions and Orders, and Engagement with the Media
	Introduction
	Protocols
	Preparing and Publishing the Protocols
	Examples of Inquiry Protocols
	Common Issues to be Considered when Preparing Protocols
	Internal Protocols and Working Practices
	Rulings, Directions and Orders: Terminology
	Engagement with the Media
6. Core Participants
	What is a Core Participant or an Interested Party?
	Who can be a Core Participant?
	Applying for Core Participant Status
	Challenging a Decision not to Designate Core Participant Status
	Why be a Core Participant?
	Advantages and Disadvantages
	Recognised Legal Representatives
	Joint Representation
	Funding
	A Good Working Relationship: Core Participants and the Inquiry
7. Funding
	Introduction
	The Approach to Expenses of Participants to a Public Inquiry
	The Scope of Awards for Funding
	Information that must be Included in an Application for Funding
	Alternative Sources of Funding
	Joint Representation
	Publication of Costs of an Inquiry
8. Documentary Evidence
	Introduction
	Written Request for Documentary Evidence
	Statutory Provisions and the Power to Require Disclosure
	When Might an Inquiry Compel the Production of Documents?
	Non-Statutory Inquiries
	Timelines
	Withholding Documents
	Opposing a Section 21 Notice Requiring the Production of Documents
	Admissibility
	Advance Disclosure by the Inquiry
	Advantages to Recipients of Advance Disclosure
	Confidentiality and Advance Disclosure
	Public Access to Documents
	Redaction
	Restriction Orders and Restriction Notices
9. Data Protection
	Introduction
	Public Inquiries, Individuals and Organisations as Data Controllers
	Principles for Processing Personal Data
	Lawful Basis for Processing Data
	The Legitimate Interest Assessment (LIA) and Public Inquiries
	Organisations Engaged by a Public Inquiry as Data Processors
	Freedom of Information
	Requests made of a Public Authority and Exemptions
10. Evidence Taking
	Introduction
	The Power to Require the Production of Evidence
	Enforcement of a Section 21 Notice
	When to Serve a Section 21 Notice?
	Powers of Non-Statutory Inquiries
	The Taking of Witness Statements
	Preparing for a Witness Interview
	The Witness Interview and Statement Preparation
	Witness Support
	Immunities
	Privilege
	Medical Evidence and Capacity
11. Oral Evidence and Hearings
	Introduction
	Procedure
	Preliminary Hearings
	Additional Procedural Hearings
	Commencing the Inquiry's Substantive Hearings
	General Structure of the Substantive Hearings
	Giving Evidence to the Inquiry
	Meeting with Witnesses in Advance of Giving Evidence?
	The Order in Which Witnesses will be Called
	Putting Written Statements into the Inquiry Record
	The Role of Counsel to the Inquiry
	Reviewing Evidence on a Rolling Basis
	Questioning Witnesses
	Suggesting Questions to Counsel to the Inquiry
	Arguments for and against Limiting Questioning to Counsel to the Inquiry
	Expertise of Core Participants and Interested Parties
	Managing and Fielding Questions from Core Participants or Interested Parties
	Time Pressure
	Public Access and Restriction Notices and Orders
	Examples of Restriction Orders and Notices Made
	The Media and Hearings
	Managing Private and Closed Hearings
12. Assessors, Seminars and Experts
	Introduction
	The Role of Assessors
	Advantages and Disadvantages of Appointing Assessors or Advisers
	Expert Witnesses
	Advantages and Disadvantages of using Expert Witnesses
	Seminars
	Managing Seminars
13. Warning Letters and Rules 13, 14 and 15
	Introduction
	The Salmon Principles, Maxwellisation and the Evolution of Warning Letters
	Optional and Mandatory Warning Letters
	Practical Difficulties Associated with Serving Warning Letters before Evidence is Given
	Are Warning Letters before Evidence is Given Necessary?
	To Whom Will the Warning Letter be Sent?
	What does a Warning Letter Contain?
	Mandatory Warning Letters: What is an 'Explicit or Significant Criticism'?
	What Happens after a Response is made to a Warning Letter?
	Confidentiality
	The Practical Steps to Preserve Confidentiality
	Future of Rule 13?
14. Preparing and Publishing the Report
	Introduction
	What is Included in the Report?
	Who Writes the Report?
	Reviews and Checks
	Number of Recommendations and Public Understanding
	Publication, Withholding of Information and Laying before Parliament
	Procedure for Publication of the Report
	Advance Access to the Report and the Lock-in Procedure
	Implementation
	Challenging Decisions
15. Closing Down the Inquiry
	Introduction
	Document Retention and Archiving: Planning and Implementation
	Lessons Learned
Index