Public inquiries: Our five-step roadmap for effective implementation of inquiries' recommendations

Being the recipient of a recommendation or recommendations can be daunting, especially if your organisation lacks the resources and experience to implement them. Perhaps that is why there has been a mixed approach to the adoption and implementation of a number of inquiries' recommendations to date. 

The House of Lords Select Committee into statutory public inquiries, Sir Martin Moore-Bick in the Grenfell Tower Inquiry Phase 2 Report and Sir Brian Langstaff in the Infected Blood Inquiry Report have recently all made calls for stronger monitoring and enforcement mechanisms for public inquiry recommendations. It seems likely that the combined force of these calls for change will mean that the future of public inquiries will include some form of formal mechanism for monitoring and potentially enforcing recommendations.  

It is therefore more important than ever to take action on receipt of a recommendation and to consider and implement the changes recommended by an inquiry.

Our five-step roadmap for recipients of recommendations from a public inquiry

Step 1: Understand the objective

Consider what evidence the inquiry has received and review carefully the section of the inquiry's report in which the recommendation is made to understand the rationale. This will help your organisation to understand not just the recommendation but the harm or issue at which it is targeted. 

Once you understand the "why?" you can consider the "how?".

Step 2: Team formation

The implementation of recommendations will often require a multi-disciplinary team across your organisation, with sufficient senior leadership presence to ensure buy-in and the ability to make progress and achieve objectives. It may also be necessary to use external resources to provide support where expertise or experience may be missing from the organisation, or where it is important for your organisation not to be seen to be "marking your own homework". 

Step 3: Implementation

A project plan with key dates and milestones mapped out will help you to measure progress and conclusion of the project. It may be helpful to think about timescales, breaking down each objective into practical, measurable steps. It goes without saying that the project plan needs to be followed with regular review and sufficient impetus within the organisation to make necessary changes.

Step 4: Communication

Regular communication with stakeholders and the public about progress and the eventual outcome will help to build confidence in the steps that your organisation is taking and support accountability. The inquiry may itself require regular updates, which will necessitate careful consideration and response. The inquiry will expect to see action being taken in response to its recommendations, may require further evidence to be provided and, if it considers necessary, may hold additional hearings up to the point that the inquiry is formally closed.

It is also essential that internal communications address any changes being made and that support and training are provided to employees to ensure that the changes are understood, embedded and become second nature.

Step 5: Review and feedback loop

A robust mechanism for regular review of the effectiveness of the changes will ensure that the issue remains at the forefront of minds and minimise the risk of future failures.

If you would like to discuss any of the issues covered in this blog, please get in touch with inquiries and inquests specialist Nicola Margiotta.

With thanks to trainee solicitor Emily Samuels for her assistance in preparing this blog.

The content of this blog does not constitute legal advice and is provided for general information purposes only. Specific legal advice should be sought before taking any actions based on the content of this blog.