Alternatives to Litigation: Public Inquiries

• Introduction
• The GMC and other Professional Bodies
• NHS Complaints
• Patient Advocacy: PALS, ICAS, etc.
• Public Inquiries
  • What happens at Public Inquiries?
  • What powers does a Public Inquiry have?
  • When are Public Inquiries ordered?
  • How can I obtain a Public Inquiry?
  • How can Michelmores help?
  • Where can I get more information?
• Regulatory Bodies

Talk to Us Now

• 0800 0730140
• Request a call back
• Name:

  Phone number:

  Email:

  Summary of enquiry:
• Email Us Now

Print this page Forward to a friend, colleague or adviser

What powers does a Public Inquiry have?

When it comes to pursuing an investigation, Public Inquiries are extremely powerful, as befits their duty to look into very serious events. The Chairman of an Inquiry has powers which are similar to those of a High Court Judge. He or she can force witnesses to attend and give evidence (this is known as power of subpoena), and parties can also be compelled to disclose documents. Witnesses give evidence under oath, and anyone who refuses to give evidence - or does not give full and truthful evidence - can be prosecuted for being in "contempt of Court".

In another way, however, Public Inquiries have very little power. They have no right to make any changes to the system they are looking into, they have no disciplinary powers, and they cannot award compensation or impose criminal penalties. All an Inquiry can do is make findings and offer recommendations, and they have no guarantee that any of these will be followed. In practice, though, an Inquiry's recommendations are usually adopted: the government which orders and then funds a Public Inquiry (at high cost to the taxpayer) would not look good if it ignored that Inquiry's findings.