Page 77 - When Things Go Wrong

4. Avoid seeking to defend the indefensible or to dismiss or disparage those
who may have suffered where we have fallen short.

5. Ensure all members of staff treat members of the public and each other with
mutual respect and with courtesy. Where we fall short, we should apologise
straightforwardly and genuinely.
6. Recognise that we are accountable and open to challenge. We will ensure
that processes are in place to allow the public to hold us to account for the
work we do and for the way in which we do it. We do not knowingly
mislead the public or the media.

4.40 We understand from consultees that when adopted, the Charter can have a
profound effect. In order to promote cultural change, we therefore recommend
that leaders of public sector bodies sign up to Bishop James Jones’s
‘Charter for Families Bereaved through Public Tragedy’.

4.41 However, the voluntary nature of the Charter means that it is not a panacea. 214
In the Grenfell Tower Inquiry, it has only been adopted by the Mayor of
London and Royal Borough of Kensington and Chelsea. We have been told
that public of authorities are still being advised to consider their stance at
inquests within their “litigation strategy” and should be careful to avoid
making admissions where possible. The Working Party considers that the time
has come for a statutory duty of candour.

A statutory duty of candour

4.42 The Public Authority (Accountability) Bill (“the Bill”), which would have
introduced a statutory duty of candour, attracted cross-party sponsorship and
was scheduled for a Second Reading in May 2017 but fell after the 2017
General Election.

214 Indeed, Patronising Disposition supported the introduction of a statutory duty of candour in addition
to the voluntary Charter. See p. 102, Point of Learning 13: “I agree with the [Public Authority
(Accountability)] Bill’s aims and with the diagnosis of a culture of institutional defensiveness which
underpins it. I have drawn heavily on the Bill’s principles in the drafting of the charter and in my
proposals for ‘proper participation’ for bereaved families at inquests... I agree with the view that while
legislation isn’t the answer to creating a culture of honesty and candour, it is part of the answer”.
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