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03 November 2023
Issue: 8047 / Categories: Features , Public
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A plethora of public inquiries

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Nick Wrightson asks searching questions about the nature of public inquiries
  • When should public inquiries be statutory?
  • Statutory inquiries have important advantages over more ad hoc arrangements because of their strong legal powers, and the fact they are typically more open and, consequently, seen as more accountable.
  • There is still a place for non-statutory inquiries.

What will our next public inquiry be about? Do we need to investigate the use of reinforced autoclaved aerated concrete (RAAC) by the public sector before 2000, the HS2 delivery saga, or something else? In August/September alone, new high-profile independent inquiries were announced into the circumstances and handling of entirely innocent miscarriage of justice victim Andrew Malkinson’s case and the context around crimes committed by NHS nurse Lucy Letby. Interestingly, the former is non-statutory whereas the latter was converted to a statutory process.

The major advantage of public inquiries is that they are a bespoke and highly flexible form of investigation, scalable and tailored according to their own terms of reference in each case. Like any well-run investigation,

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NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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