The Hillsborough Law could bring significant changes for bereaved families involved in inquests where public authorities are concerned. The proposed reforms include new duties for public authorities and a major expansion of Legal Aid, intended to make it easier for families to obtain legal advice and representation during the inquest process.
Current status: not yet law
At the time of writing on 2 September 2026, these changes are not yet law. The Public Office (Accountability) Bill, commonly known as the Hillsborough Law, has passed through the House of Commons and completed its second reading in the House of Lords. It must complete the remaining Parliamentary stages and receive Royal Assent before becoming an Act, with the relevant provisions then needing to come into force.
For families dealing with an inquest now, this distinction matters. Current Legal Aid arrangements remain in place and there may already be routes to funded legal advice or representation. You do not need to wait for the proposed reforms before speaking to an inquest solicitor about your circumstances.
The proposed reforms at a glance
Contents
- What Is The Hillsborough Law?
- Why Was The Hillsborough Law Introduced?
- Is The Hillsborough Law In Force Yet?
- What Will The Hillsborough Law Change?
- How Will the Hillsborough Law Change Legal Aid For Inquests?
- Why Does The Legal Aid Change Matter For Bereaved Families?
- Which Inquests Could Be Affected?
- Can You Get Legal Aid For An Inquest Now?
- How Can An Inquest Solicitor Help?
- What Happens Next With The Hillsborough Law?
- Legal Advice & Representation For An Inquest
What Is The Hillsborough Law?
The Hillsborough Law is the commonly used name for the Public Office (Accountability) Bill.
The Bill is intended to change how public authorities and public officials respond when their actions are examined through inquests, inquiries and other investigations. Its provisions cover several areas, including a new duty of candour and assistance, measures concerning ethical conduct within public authorities and changes intended to help bereaved families participate more effectively when the state is involved.
For families involved in an inquest, one of the most important proposals concerns Legal Aid.
The Government plans to widen access to publicly funded legal help and advocacy for bereaved families at inquests in England and Wales where a public authority is an Interested Person. Under the proposed arrangements, eligible families within this category would not have to pass a financial means test to access this support.
This is intended to address a longstanding concern about the difference between the legal resources available to bereaved families and those available to public authorities involved in an inquest.
Why Was The Hillsborough Law Introduced?
The proposals have their roots in the experiences of the families affected by the Hillsborough disaster.
Key moments
On 15 April 1989, a fatal crush occurred at Hillsborough Stadium during the FA Cup semi-final between Liverpool and Nottingham Forest. The disaster ultimately claimed the lives of 97 people.
The families endured a lengthy struggle to establish what had happened. The original inquests returned verdicts of accidental death. Those verdicts were later quashed and fresh inquests were held, which concluded in 2016 that those who died had been unlawfully killed and that the behaviour of supporters did not cause or contribute to the dangerous situation. Andrew Devine later died in 2021 as a result of injuries sustained at Hillsborough, becoming the 97th person to die as a result of the disaster.
Following those inquests, Bishop James Jones was asked to report on the experiences of the Hillsborough families. His 2017 report highlighted the importance of proper participation by bereaved families at inquests and called for a duty of candour for police officers involved in investigations.
Access to legal representation was also a significant concern. At the original Hillsborough inquests, families did not receive public funding for legal representation while senior police officers and other public bodies had legal teams representing their interests.
The Hillsborough Law is intended to address problems identified through those experiences and other cases where the conduct of public bodies has come under examination.
Is The Hillsborough Law In Force Yet?
The Hillsborough Law is not currently in force.
Where the Bill is in Parliament
As of 2 September 2026, the Public Office (Accountability) Bill has passed through the House of Commons and completed its second reading in the House of Lords. It still has further Parliamentary stages to complete before it can receive Royal Assent.
This means the proposed changes to Legal Aid and the other measures contained within the Bill should not be treated as current law.
Even after Royal Assent, it will also be important to establish when the individual provisions come into force. Royal Assent and commencement are not necessarily the same date.
Anyone currently involved in an inquest should therefore seek advice based on the law and funding arrangements that apply now. Future changes may affect cases later, but families should not delay obtaining advice in the expectation that the Bill will become law within a particular timeframe.
What Will The Hillsborough Law Change?
The Public Office (Accountability) Bill covers a number of areas, but several proposals are particularly relevant to families involved in inquests and investigations concerning public authorities.
1A New Duty Of Candour
The proposed duty of candour and assistance is intended to place new legal obligations on public authorities and public officials when they are involved in relevant inquiries, inquests and investigations.
In practical terms, the Bill is designed to require those covered by the duty to provide information and evidence candidly and proactively, without favouring their own position.
The duty would apply to coroner investigations and statutory inquiries, alongside other investigations falling within the legislation. Some private bodies carrying out public functions or holding particular public responsibilities may also fall within its scope.
For a bereaved family, the intended effect is to make finding out what happened less dependent on having to challenge public organisations for information that should properly be provided to an investigation.
The precise duties, their scope and how they will operate in practice will depend on the final legislation and its implementation.
2Greater Accountability For Public Authorities
The Bill also contains measures intended to influence how public authorities conduct themselves during inquests and inquiries.
These measures recognise the inquisitorial nature of an inquest. An inquest is an investigation led by a coroner to establish the facts surrounding a death. It is not a conventional dispute between two opposing sides.
The proposed reforms are intended to help bereaved families participate properly where public authorities are involved, while maintaining the coroner’s independent role in deciding the scope of the investigation and reaching the appropriate conclusions.
How Will the Hillsborough Law Change Legal Aid For Inquests?
The proposed expansion of Legal Aid for inquests is likely to be one of the most practically important changes for bereaved families.
Now
The current system
Under the current system, there are different forms of Legal Aid that may be relevant to an inquest. Legal Help can provide advice and assistance in preparing for an inquest, subject to the applicable eligibility rules. Publicly funded advocacy at the inquest itself is currently available through Exceptional Case Funding where the relevant requirements are met.
Proposed
The proposed wider route
The Hillsborough Law proposes a wider route.
Subject to the Bill completing Parliament and the relevant provisions coming into force, non-means-tested legal help and legally aided advocacy would be available to bereaved families in relation to inquests in England and Wales where a public authority is an Interested Person.
What is an Interested Person? An Interested Person has a particular status within the inquest process. Depending on the circumstances, this can include members of the deceased’s family as well as organisations or individuals whose involvement meets the legal requirements. Public authorities such as police forces, NHS bodies or other state organisations may be made Interested Persons where appropriate.
The proposed funding change is therefore not a general rule that every bereaved family attending every inquest will automatically receive publicly funded representation. The involvement of a public authority as an Interested Person is central to the proposed new route and eligibility will depend on the rules in force at the relevant time.
No financial means test
Where the new provisions apply, the Government proposes removing the financial means test for both legal help and advocacy. This would mean that a bereaved family’s income or financial position would not prevent access to Legal Aid under this route.
One advocate per family
There are also proposed limits around advocacy where several relatives are involved. The Government’s current proposals generally envisage one legally aided advocate representing an interested family at the hearing rather than separate publicly funded advocates for each family member. The precise position will depend on the final rules and the circumstances of the family.
The scale of the planned change
The scale of the planned change is considerable. The Ministry of Justice has said that historically there have been around 200 to 400 legally aided inquest cases each year. Its May 2026 consultation estimated that the expanded arrangements could eventually increase this to as many as approximately 11,400 cases annually.
That estimate does not mean 11,400 families will automatically qualify each year. It does, however, show how much wider the proposed Legal Aid arrangements could be compared with the existing system.
Why Does The Legal Aid Change Matter For Bereaved Families?
An inquest can involve medical records, witness statements, expert evidence, policies and other detailed material. Where a public authority is an Interested Person, that organisation may have its own lawyers dealing with the proceedings.
For a family who has recently lost someone, understanding that material and knowing how to participate in the process can be difficult.
A solicitor does not decide what evidence the coroner hears or what conclusion an inquest reaches. Those decisions remain matters for the coroner and, where applicable, a jury. The value of representation is in helping families understand the process and participate effectively within it.
Removing the means test from the proposed new route could therefore remove a significant financial barrier for families who fall within its scope.
Which Inquests Could Be Affected?
The proposed Legal Aid changes are focused on inquests where a public authority is an Interested Person.
This could be relevant in a number of circumstances.
Deaths in prison or state custody
A death in prison or another form of state custody may involve public authorities as Interested Persons. At Chivers Solicitors, we already have extensive experience within prison law, and deaths in custody can involve detailed questions about the events leading up to a death, the care provided and the actions of those responsible for the deceased while detained.
Deaths involving police contact
Public authorities may also become Interested Persons following some deaths involving police contact.
NHS, mental health and other public bodies
Deaths involving NHS or mental health services could fall within the proposed arrangements where a relevant public authority is made an Interested Person. Depending on the circumstances, local authorities and other public bodies may also be involved.
The important point is that the setting of a death does not, by itself, determine whether the proposed Legal Aid route will apply. A death occurring in a hospital, prison or following police contact should not be treated as automatically qualifying. The status of the organisations involved and the requirements of the final Legal Aid provisions will need to be considered in each case.
If you are unsure whether the circumstances surrounding a death could fall within the proposed rules, an inquest solicitor can explain the position based on the individual inquest and the law applying at that time.
Can You Get Legal Aid For An Inquest Now?
Families should not wait for the Hillsborough Law before asking about Legal Aid.
Funding routes for inquests already exist under current law.
Legal Help
Legal Help may be available to provide advice and assistance in preparing for an inquest, subject to the relevant rules.
Exceptional Case Funding
Exceptional Case Funding can also provide publicly funded representation at an inquest where its requirements are satisfied.
The current funding position can depend on the circumstances of the death, the type of assistance required and the applicable Legal Aid rules. There are circumstances in which financial eligibility requirements can be disapplied, so it is better to obtain an individual assessment than assume you will or will not qualify.
A solicitor can consider the circumstances surrounding the death and explain which funding options may currently be available.
Families who have an inquest approaching should therefore seek advice when they need it. Waiting for the Public Office (Accountability) Bill to complete Parliament could mean losing valuable time to understand the evidence and prepare for important stages of the inquest.
How Can An Inquest Solicitor Help?
The role of an inquest solicitor will depend on the circumstances surrounding the death and the stage the coroner’s investigation has reached.
Early advice
Early advice can help a family understand the purpose of the inquest, whether they are recognised as an Interested Person and what that status allows them to do.
During the investigation
As the investigation progresses, a solicitor can consider disclosure provided by the coroner, advise on the issues that may form part of the inquest and help prepare for any Pre-Inquest Review hearing.
At the final hearing
Where representation is required at the final inquest hearing, the family’s legal representative can follow the evidence, ask relevant questions within the scope set by the coroner and make appropriate submissions.
After the inquest
Once the hearing has concluded, a solicitor can explain the conclusion and advise on any further legal issues that arise from the outcome.
Our inquest solicitors can provide further information about the inquest process, legal representation and the funding options that may be available.
What Happens Next With The Hillsborough Law?
The Public Office (Accountability) Bill must still complete its remaining stages in the House of Lords. Any amendments must then be dealt with before the Bill can receive Royal Assent.
The Government has been preparing for the proposed Legal Aid changes while that Parliamentary process continues.
The Legal Aid Agency opened applications for a new Inquests Category of Law under the 2024 Standard Civil Contract on 4 August 2026. The procurement process is intended to help build the provider capacity needed if the expanded Legal Aid provisions come into force.
This preparation should not be confused with commencement of the new entitlement. The Bill remains before Parliament and the Legal Aid changes are not yet in force.
The final wording of the legislation, any regulations or guidance introduced alongside it and the eventual commencement date will all need to be considered before the full effect of the reforms can be known.
For that reason, anyone following the Hillsborough Law because of an existing inquest should check the current position rather than relying on older articles about the Bill.
Legal Advice & Representation For An Inquest
The Hillsborough Law could make a substantial difference to the way bereaved families are supported when an inquest involves a public authority. Wider access to non-means-tested Legal Aid could give many more families the opportunity to obtain specialist legal help and representation, while the wider provisions are intended to improve candour and accountability when public authorities are involved.
Those reforms are still progressing through Parliament. Families dealing with an inquest now do not need to wait for them before seeking help.
If you have lost a family member and an inquest is taking place or expected, our inquest solicitors can discuss the circumstances with you and explain the legal and funding options currently available.
You can also call us on 01274 561 666, email us at solicitors@chiverssolicitors.co.uk, or fill in our online contact form to speak to our team about the next steps.