Statutory public inquiries: the Inquiries Act 2005

This research briefing examines one type of ‘public inquiry’ – statutory public inquiries held under the Inquiries Act 2005. It sets out how they are set up and run. It also gives information about current statutory inquiries. These include the UK Covid-19 inquiry and the Post Office Horizon IT inquiry.

What are ‘public inquiries’?

‘Public inquires’ are investigations set up by Government ministers to respond to events of major public concern or to consider controversial public policy issues.

The Cabinet Office advises ministers on establishing and running public inquiries (pdf).

As well as the statutory public inquiries discussed in this research briefing, the Government may set up other types of investigation, such as a non-statutory inquiry, a Royal Commission or a departmental inquiry.

There is more information about those approaches in the Commons Library research briefing Non-statutory public inquiries.

What’s different about statutory inquiries?

Statutory inquiries operate in line with the provisions of the Inquiries Act 2005 and the Inquiry Rules 2006. Arrangements are more strictly defined than in other types of inquiry. Statutory inquiries may for instance:

• compel witnesses to provide evidence
• provide certain legal safeguards
• maintain clearer limits on the Government’s involvement

Some statutory inquiries, such as the Lampard Inquiry into mental health services in Essex and the Post Office Horizon IT inquiry– have been converted from non-statutory inquiries to help ensure engagement by potential witnesses. Others – such as the inquiry into the death of Jalal Uddin – are converted from inquests to enable proper consideration of otherwise confidential information.

By their nature, statutory inquiries are controversial. There are often questions about who should be the Chair, the terms of reference, the proposed budget and timetable, and the inquiry’s working methods.

Review of the 2005 Act

The House of Lords has reviewed the operation of the 2005 Act twice since it was passed. A report in 2014 made 33 recommendations for how statutory inquiries under the 2005 act could be improved, including a number of changes to the act itself and to the Inquiry Rules. The government accepted 19 of the recommendations but no legislative changes were brought forward.

The House of Lords Statutory Inquiries Committee reported in September 2024. It reiterated many of the recommendations made in 2014 but in one area in particular it disagreed with the 2014 report. It no longer considered that the presumption should be that an inquiry should be established as a statutory inquiry. The committee heard there can be several benefits to non-statutory inquiries. In particular that non-statutory inquiries were sometimes seen as treating victims and survivors more appropriately because it permits them to address the chair directly, rather than through counsel to the inquiry.

The 2024 report also made recommendations on following-up and implementing the findings of public inquiries. It echoed a 2017 Institute for Government report that identified that no process exists for following up the recommendations of an inquiry. The Statutory Inquiries Committee recommended a joint committee of both Houses of Parliament should be established to publish inquiry reports and government responses in one place and to monitor the implementation of inquiry recommendations.