Putting participants at the heart of the public inquiry process: insights from the Muckamore Abbey Hospital Inquiry on engaging with vulnerable witnesses

This case study examines Muckamore Abbey Hospital Inquiry’s approach to engaging with vulnerable witnesses and participants, including those with severe learning disabilities, developmental disabilities, and mental health needs. It offers detailed insight into the key considerations, adjustments made, and support provided by the Inquiry, and how it seeks to put the needs and interests of vulnerable participants at the heart of its process.An inquiry chair has a very broad discretion to determine the procedure and conduct of a public inquiry. As a result, a public inquiry is uniquely placed to explore and adopt bespoke and novel approaches to challenges encountered, including addressing the needs of vulnerable participants. Lessons may be learnt to improve future inquiry practice, and comparative lessons may be learnt to inform other accountability processes, such as the criminal and civil justice systems and tribunals. However, currently, there is no central system that records and disseminates details of individual public inquiries’ procedure and conduct. This case study examines the Muckamore Abbey Hospital Inquiry’s adjustments and support measures, including: its treatment of all witnesses and participants as being potentially vulnerable; its innovative approach to the use of registered intermediaries and communication support in an inquiry context; and its flexible and responsive approach to individual participants’ needs. This research is designed to provide an evidence base to inform future inquiry teams in their procedural decision-making, in the United Kingdom and other jurisdictions that adopt a similar inquiry model, and to inform future research on comparative lessons for other judicial and quasi-judicial processes.