A public inquiry is an investigation established by the Government in response to a major failure or failures in systems or services that have shaken public confidence and caused significant public concern. The terms of reference for any public inquiry are the responsibility of a government minister.
A public inquiry does not have the authority to hand out sanctions or to make the Government adopt its recommendations. However, an inquiry can produce evidence which may be taken forward by prosecuting or regulatory authorities, and its recommendations may be implemented through changes to policy and/or law.
There are two different types of public inquiry: a non-statutory inquiry, and a statutory inquiry. A non-statutory inquiry can be set up by any person or body to look into any given subject and is not governed by the Inquiries Act 2005 or the Inquiry Rules 2006. A non-statutory inquiry can however be converted into a statutory inquiry.
A statutory inquiry is governed by the Inquiries Act 2005 and the Inquiry Rules 2006 has certain powers that a non-statutory inquiry doesn’t have. For example, it can compel witnesses to give evidence or to supply documents. Only a government minister can set up a statutory inquiry.
Yes, the Nottingham Inquiry is a statutory inquiry.
Under the Inquiries Act 2005 the Chair of a statutory inquiry has a wide range of powers, including the power to compel the production of documents and to summon witnesses to give evidence on oath.
The Act also establishes offences for non-compliance, without reasonable cause, with inquiry requests and requirements. More information can be found in the Inquiries Act 2005 section 21 and section 35.
The Chair of an inquiry:
- is responsible for discharging the inquiry’s terms of reference and establishes the structure and procedures which govern the Inquiry, subject to a statutory duty to act fairly
- is appointed by a Minister and the Chair works independently from the government
- is supported by an inquiry legal team and an inquiry secretariat. Upon the conclusion of the inquiry, the Chair will write a report making findings of fact and recommendations
- cannot make any findings of civil or criminal liability, nor can she award any compensation
The Chair acts in an independent capacity. She will provide her report to the Lord Chancellor, who is the minister sponsoring the Nottingham Inquiry, and the Lord Chancellor will arrange for its publication.
The terms of reference set out the scope of the inquiry.
The Lord Chancellor has asked the Chair to deliver her report within two years of the announcement of the Inquiry, i.e. by 22 April 2027.
At the moment, the Chair aims to begin hearing evidence in late February 2026 and to conclude by late May 2026.
The precise arrangements will be determined nearer the time, but hearings will be open to the public via an internet booking system and daily transcripts will be available on the Inquiry’s website (subject to any restriction orders or other legal restrictions).
The inquiry will publish transcripts of hearings on its website (subject to any restriction orders or other legal restrictions). The Chair will also ensure that further information, including witness statements and other evidence, is published where it is appropriate to do so.
Documents provided to the inquiry can contain large amounts of personal information and may need to be redacted in accordance with the inquiry’s protocol on Redaction, Anonymity and Restriction Orders. Redaction may also be used to exclude information not relevant to the inquiry’s terms of reference.
Inquiries are not subject to the Freedom of Information Act 2000 because they are not a public authority within the meaning of Section 3 of and Schedule 1 to the Act.
The inquiry will however ensure that proceedings are transparent and accessible via the website. Following conclusion of the inquiry, documents and records of hearings will be transferred to the National Archives.
The inquiry encourages anyone who holds information or documents relevant to the inquiry terms of reference to make contact. More information can be found on the About us page and the Nottingham Inquiry Questionnaire page.
If, having read the Terms of Reference, you have information that you feel will be of use to the Inquiry, please contact Solicitor@NottinghamInquiry.uk
A Core Participant is a person, an organisation or other entity with a significant interest in the Inquiry who has been designated a Core Participant by the Chair, pursuant to Rule 5 of the Inquiry Rules 2006.
Core Participants enjoy certain participatory rights in the inquiry including making opening and closing statements and suggesting lines of questioning for witnesses.
Find out how to apply to be a Core Participant to the inquiry.
This also includes information about applying for legal representation in the inquiry at public expense.
Not being awarded Core Participant status does not preclude an individual or organisation from coming forward or being called to give evidence as a witness, or from attending hearings in person as a member of the public.
A witness is a person with evidence relating to the matters set out in the terms of reference. This could be as a witness to an event or through the records they hold, including videos, photographs or documentation.
Witnesses may be called to give evidence in the form of a written or oral statement at a public hearing via a request made under Rule 9 of the Inquiry Rules 2006.
The inquiry legal team will analyse a number of sources to identify witnesses, including statements and evidence produced by Core Participants, and other documents produced in response to Rule 9 Requests made by the Inquiry.
Anyone with information that may be relevant to the inquiry’s terms of reference is welcome to come forward.
Most witnesses who give evidence at statutory public inquiries are invited to do so by consent.
However, if a witness with relevant evidence refuses to participate, the Chair may issue a notice under section 21 of the Inquiries Act 2005 compelling the witness to attend and give their evidence.
The inquiry will hear from witnesses who will assist the Chair in the investigation and discharge of the terms of reference. Further details will be published in due course.
There is no procedure for members of the public who are not core participants or witnesses to suggest questions.