Duty of candour and assistance
What this means:
A new legal obligation requiring public bodies and officials to provide information with complete honesty and transparency during investigations, inquiries, and inquests.
Key Features:
- Applies to statutory and non-statutory inquiries, coroner's investigations and potentially other investigations
- Requires proactive disclosure without favouring the organisation's position
- Backed by criminal sanctions including prison sentences
- Extends to private bodies delivering public functions and public sector contractors
Implications:
- Public authorities must fundamentally change their approach to investigations
- Legal strategies must prioritise transparency over defensive positioning
- Risk of criminal liability for officials who fail to comply
- Enhanced powers for inquiry chairs, including at non-statutory inquiries
Tel: 020 7628 7576
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This advisory is based on the current provisions of the Public Office (Accountability) Bill and associated guidance. Clients should seek specific legal advice on how these provisions may apply to their particular circumstances.