When Things Go Wrong

The Challenge 

When a catastrophe takes place leaving many dead or injured, or when people are harmed over a number of years due to systemic failure, the justice system must respond. A tragic incident might spur a range of concurrent legal processes: criminal investigations, disciplinary hearings and civil claims may be initiated that share identical subject matter with an inquiry, inquest or both.

These overlapping processes can be confusing for those involved: at worst, layers of legal duplication can fuel the pain of loss. From the perspective of those caught up in the aftermath of the disaster – including victims, witnesses and alleged wrongdoers – the process can be agonisingly protracted. Public inquiries are notoriously time-consuming: the Bloody Sunday inquiry took over 12 years to publish its conclusions and the Independent Inquiry into Child Sex Abuse is onto its fourth Chair. The 1989 Hillsborough stadium disaster has been the subject of an inquiry, an inquest, an independent non-statutory review and an independent panel.

Further, survivors and their families often speak of alienation, mistreatment and whitewashing by the very bodies set up to identify the wrongs they have suffered. Their accounts suggest that inquest and inquiry processes are often highly adversarial and potentially retraumatising. And those with the most at stake may understandably fear that nothing will change once the processes conclude.

The Working Party 

Chaired by Sir Robert Owen, this Working Party of JUSTICE will aim to make informed recommendations to reform institutional responses to deaths or other serious incidents where a “systemic pattern of failure” is evident. The needs and experiences of the bereaved and survivors will be central to this work and its intended outcome will be to suggest reforms that will promote public trust in the justice system.

The Working Party will consider:

  • timely justice: how elements of current fact-finding processes and investigation might be integrated to reduce duplication and delay;
  • transparency and responsibility: how investigations, inquiries and inquests can be better coordinated to embed best practice, promote certainty and ensure inclusion of bereaved people and survivors; and
  • fairer outcomes: how inquiry hearings can be improved with regard to procedures, evidence and effective participation.

To inform its review the Working Party will research institutional processes in other jurisdictions.

The Working Party expects to report by September 2020. When Things Go Wrong is generously supported by Morrison & Foerster LLP.

Members of the Working Party

  • Chair: Sir Robert Owen
  • Jodie Blackstock (JUSTICE)
  • Paul Bowen QC (Brick Court Chambers)
  • Deborah Coles (INQUEST)
  • Sir John Goldring
  • Professor Carol Harlow QC (London School of Economics)
  • Charlotte Haworth Hird (Bindmans LLP)
  • Emma Ireton (Nottingham Trent University)
  • Nev Kemp (Surrey Police)
  • Thalia Maragh (Garden Court Chambers)
  • Una Morris (Garden Court Chambers)
  • Andrew O’Connor QC (Temple Garden Chambers)
  • Dr Sara Ryan (University of Oxford)
  • Professor Phil Scraton (Queen’s University Belfast)
  • Martin Smith (Fieldfisher)
  • Leslie Thomas QC (Garden Court Chambers)
  • Sir Peter Thornton QC
  • Corporate Partner: Sonya L. Van de Graaff (Morrison & Foerster LLP)
  • Rapporteur: Robbie Stern (JUSTICE)

Members of the Working Party’s sub-groups:

  • Michaela Bolton (Infected Blood Inquiry)
  • Nicholas Griffin QC (QEB Hollis Whiteman)
  • Matthew Hill (1 Crown Office Row)
  • Lee Hughes (formerly Home Office, MoJ)
  • Gill Kernick (JMJ Associates)
  • Lubka Mieresova (formerly IICSA)
  • Marcus Shepheard (Institute for Government)
  • Ken Sutton (East Kent Maternity Services Independent Investigation)