Covid-19 Public Inquiry

Core participant status must be approved by the chair to the inquiry. Core participants are parties involved in a public inquiry who may have played a direct or significant role in the subject of the inquiry. They can be individuals, government bodies (for example the police) or corporate bodies. For those who appear as core participants, the appearance at the inquiry may be of very real importance and there may be much at stake for those compelled to appear.

Rule 9 of the Inquiry Rules 2006 require an inquiry to send a ‘written request for a written statement to any person from whom the panel proposes to take evidence’. The request may also cover production of documentation or some ‘other thing’ and may request the recipient to provide oral evidence. Anyone receiving a Rule 9 letter should seek immediate legal advice.

Under Rule 13 of the Inquiry Rules 2006, the Chair to an inquiry may send a warning letter to a person who may be criticised during the inquiry or in the report or interim report. Anyone receiving a Rule 13 letter should seek immediate legal advice.

Public Funding for legal representation before an inquiry can be made available to core participants and witnesses to the inquiry. An application for funding must be made to the inquiry and will be subject to specified criteria. If you would like more information on this, see our article on funding for legal representation before the Covid Inquiry. Alternatively, you can contact us and we will discuss this with you.

The Inquiry will examine, consider and report on the preparations for and the response to the Covid pandemic in England, Wales, Scotland and Northern Ireland.

The aims of the Inquiry are to: 

1. Examine the COVID-19 response and the impact of the pandemic in England, Wales, Scotland and Northern Ireland, and produce a factual narrative account, including: 

a) The public health response across the UK, including: 

b) The response of the health and care sector across the UK, including: 

c) The economic response to the pandemic and its impact, including government interventions by way of: 

2.    Identify the lessons to be learned from the above, to inform the UK’s preparations for future pandemics.

Module 1 is now open. This module will consider the extent to which the risk of a coronavirus pandemic was properly identified and planned for and whether the UK was ready for the pandemic.  It will look at the UK’s preparedness including the system of risk management and pandemic readiness.  It will also scrutinise government decision making in relation to planning and seek to identify lessons from earlier incidents, simulations and international comparisons.

The first preliminary hearing into this module will start in September and the full public hearings for Module 1 will commence in Spring of 2023.  The application process for core participants to Module 1 commences immediately.  The deadline for applications will be the 16th August 2022.

Module 2 will be split into parts.  The first part will look at core political and administrative governance and decision making for the UK.  Initially, it will look at the UK wide and English perspective and then look at the issues from the perspective of Scotland, Wales and Northern Ireland (Modules 2a, 2b and 2c).

The base for public hearings will be London but it will also spend time hearing evidence about the response and impact of the pandemic in each of the four nations.

Module 2 will be opened in late August, preliminary hearings will be in the autumn and public hearings will begin in the summer of 2023 in London.

Module 3 will examine the impact of Covid, governmental and societal responses on health care systems generally and on patients, hospital and other health care workers and staff.  It will investigate health care systems and governments, hospitals, primary care, the impact on NHS backlogs and non Covid treatment, effects on health care provision and vaccination programmes together with long Covid diagnosis and support.

Baroness Hallett reiterated her promise from the Terms of Reference that inequalities will be at the forefront of the Inquiry’s investigations.

General Principles

A person is eligible can apply for funding if they are:

• attending a Public Hearing of the Inquiry either to give evidence or to produce any document or other thing; or
• they have such particular interest in the proceedings/outcome of the Inquiry which justifies an award.

 The Chair will, when coming to a decision, take into account:

• the financial resources of the applicant financial resources and,
• whether making an award is in the public interest.

 The Protocol expressly states that the Chair envisages that awards will be made only in cases where she decides that:

• the applicant: has a direct link to, and evidence to provide in respect of, the matters set out in the Inquiry’s terms of reference; and/or
• has a significant interest in an important aspect of the matters set out in those terms of reference; and/or
• may be subject to explicit or significant criticism during the Inquiry’s proceedings or in the report/interim report.

 and

the applicant would be prejudiced in seeking representation if they were to be in any doubt about funds becoming available and there are no other means by which such representation can be funded;

and

it is fair, necessary, reasonable and proportionate to make an award.

Awards will generally not be made, in respect of the legal expenses of substantial bodies, or of individuals who could reasonably expect to be met by such bodies.

An award, will normally be limited to the legal representative having a role in relation to some or all of the following matters:

• taking initial instructions;
• advising the client in relation to the making of a witness statement and/or otherwise providing evidence to the Inquiry, in accordance with any request made by the Inquiry under Rule 9 of the Rules;
• considering disclosure material and/or that contained in an Inquiry Bundle (or any limited Bundle in the case of an individual witness who is not a Core Participant);
• advising the client in relation to any warning letter issued by the Chair under rule 13 of the Rules;
• making an opening statement, where permitted;
• representing the client during their oral evidence (and the evidence of others, if necessary);
• making an application to be permitted to examine any witness giving evidence;
• making final submissions, where necessary.

Written applications for funding of legal expenses should be sent to the Solicitor to the Inquiry in writing for the Chair to determine. An application should set out:

• Reasons why legal representation is necessary;
• which Inquiry module(s) the application relates to, with reasons;
• the extent of the applicant’s financial resources and confirmation that there are no other means by which such representation can be funded;
• the nature of the public interest that will be served by an award being made from public funds;
• the nature and function of the legal representation for which the award is sought;
• size and composition of the legal team including the seniority and proposed hourly charging rates for all solicitors and paralegals to be engaged;
• where it is thought necessary to instruct counsel, the reasons for so doing;
• estimated duration of the recognised legal representation;
• the number of hours each week for which it is anticipated that the recognised legal representative’s team will be engaged on Inquiry work;
• the number of hours each week for which it is anticipated that counsel will be engaged on Inquiry work;
• the amount of time that it is anticipated will be spent in conference at the end of each day of hearings; and
• particulars of any other foreseeable expenses relating to legal representation.

Subject to the cap on the maximum number of hours that can be charged by an applicant’s recognised legal representative, the representative will agree with the Solicitor to the Inquiry in advance the hourly rates that are to apply to them and/or to any other qualified lawyer who will be appointed to assist them. Where no agreement can be reached regarding hourly rates, the Chair will determine such rates as she considers appropriate upon receipt of representations in writing on behalf of the applicant.

The maximum hourly rates for travel and waiting time by the members of an applicant’s legal team shall be half the agreed hourly rate.

The Chair must direct that core participants shall be represented by a single recognised legal representative where:

• their interests in the outcome of the Inquiry are similar;
• the facts that they are likely to rely on in the course of the Inquiry are similar;
• it is fair and proper for them to be jointly represented.

Where the interests of any applicant may conflict with the interests of other parties, separate legal representation may be granted.

The Solicitor to the Inquiry will notify the applicant and, where applicable, their recognised legal representative, in writing of the Chair’s determination and, where an award is made, the terms of the award.

The applicant to whom that award has been made must submit bills relating to their legal expenses to the Solicitor to the Inquiry at monthly intervals.