Duty of Candour: A key moment for emergency responders  

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The UK government has announced they are going to introduce a piece of legislation that has been known as the Duty of Candour, or previously the Hillsborough Law, by April 2025. It is unclear what this will mean and include, but it will have major implications for public sector emergency, crisis, and disaster responders.

The Duty puts a requirement on responders to ensure there is honesty and integrity in their response. It follows the huge challenges Hillsborough victims' families faced in trying to find out what happened. The legislation aims to create a future where families do not have to root out answers or ask specific ‘right questions’ to get to the information that they want. While much of the discussion has focused on how organisations participate in public enquiries, the Duty is expected to raise expectations, with everyone anticipating its implementation from the moment something happens.

In 2024, numerous public enquiries have underscored the necessity for increased transparency. The ongoing Horizon IT public inquiry continues to show how tricky it is to get simple and straightforward answers about even the most basic things. Undoubtedly, there will be situations that necessitate withholding information until a later time, such as during a trial where we need to prevent prejudice or in cases involving national security. The focus needs to be on understanding why some information cannot be given rather than what information can be given. 

Many people have preconceived notions about what disaster victims want or need, but everyone is different and will cope with grief and loss differently. This means there needs to be a huge amount of sensitivity in the way the response and communication are approached. But this should underpin all response considerations and actions.

In every crisis response, the approach often involves providing clarity where confusion exists, providing answers where questions arise, and sharing the truth to counteract rumours and inaccuracies. This is never as straightforward as responders and communicators would like. A crisis will develop, change, and move over time. There will be confusion and uncertainty, making a single, fixed narrative unhelpful, especially in light of the growing lack of trust in authority figures. This complicates communication, potentially rendering simple messages and plans unnecessary.

The Duty will put pressure on organisations to ensure that the information is not being sanitised or made more palatable, which can cause additional problems. Professor Lucy Easthope, a disaster recovery expert, talks about the ‘good lie’ where many responders want to do the best, but do it by trying to minimise the damage. However, this often results in feelings of frustration and even anger when the truth is revealed. In the worst cases, organisations may attempt to use those affected as human shields so that there is no challenge to their response or perceptions of failings. Reputation protection should never be the primary consideration when responding to a crisis or developing communication.

Although the Duty is focused on public sector organisations, it will influence many others. There are many organisations that work with the public sector and may be involved in crisis responses. If their involvement and related information come under scrutiny, they must think carefully about their response. It may quickly become the case that the Duty is seen as the best practice approach, and even those unconnected may be questioned to see how they measure up to the Duty. 

So, what do we need to do in the brief time we have before the Duty of Candour is expected to become law? While there is a significant amount of work ahead, organisations can begin to explore the necessary framework to comply with the legislation. Part of this process will involve examining the implications for response and communication and evaluating whether current approaches align with the Duty of Candour.

Organisations need to have conversations about the changes, particularly with senior leaders and managers who will be making decisions in relation to the response. Start the work now, as once the legislation is in place people will expect to see it being implemented. Emergency responders and communicators have an opportunity to be part of the solution, not the problem.