Overview

This bill establishes a Public Advocate in England and Wales to support the families of those who die in major incidents. The Advocate will advise families, act as a data controller for relevant information, and help them navigate investigations.

Description

The Lord Chancellor will appoint the Advocate, who will be funded by Parliament. The Advocate's role is triggered when a large-scale loss of life occurs due to serious health and safety issues, regulatory failures, or other serious events, and when requested by a majority of the deceased's representatives (relatives, etc.) and/or injured survivors.

Advocate's Functions: The Advocate will report to families on the progress of investigations, advising on legal representation. At the request of a majority of the deceased's representatives, the Advocate will establish an Advocate's Panel to review relevant documentation from public authorities and other organizations. This Panel will act as a data controller, publishing a report on its findings. Information can only be withheld from the Panel under very limited circumstances (e.g., national security). The Information Commissioner can be appealed to if information is withheld.

Determining Representatives: Representatives are defined according to a hierarchy of family relationships, and will ideally be the oldest person of legal age in the appropriate category.

Government Spending

The bill requires the government to pay the Advocate's expenses and allowances, the exact amount of which will be determined by the Secretary of State. No specific figures are provided in the bill.

Groups Affected

• Families of deceased: Will receive support and advice from the Advocate, and have a role in the establishment and composition of the Advocate's Panel.
• Injured survivors: May participate in requests for the Advocate's involvement.
• Public authorities and organizations: Will be required to provide documentation to the Advocate's Panel, subject to limited exceptions relating to national security, legal restrictions, and ongoing police investigations.
• The Lord Chancellor: Responsible for appointing the Advocate and receiving reports.
• The Information Commissioner: Will act as an appeals body for withheld information.
• The Tribunal: Will act as a further appeals body.

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