A Fuller Inquiry?

Jonathan Landau reflects on whether the flexible nature of the non-statutory Fuller Inquiry led to a more comprehensive outcome.

David Fuller sexually abused the bodies of 101 deceased women and girls in the mortuaries of two Kent hospitals on 140 occasions between 2005 and 2020.

The purpose of the Fuller Inquiry was to establish how he was able to commit those horrific crimes, apparently unnoticed, and to make recommendations with the aim of preventing anything similar happening again.

Phase 1 of the Inquiry concerned matters relating to the Trust in question, whilst Phase 2 considered the broader national picture and wider lessons for the NHS and other settings.

The Independent Inquiry was non-statutory and so had a great deal of flexibility as to procedure. In Phase 2, for example, the Inquiry’s work included consideration of the role of Designated Individuals under the Human Tissue Act, and the regulation of settings where deceased people are kept. Seminars were held regarding both. In respect of the regulation seminar, a wide range of leaders attended including from the NHS, the Royal College of Pathologists, representative bodies, and professional and provider regulators. The output from those seminars features extensively in the Phase 2 report. Seminars are not unique to non-statutory Inquiries. However, the procedural flexibility of non-statutory Inquiries, including the Chair’s discretion as to whether or not to take evidence by way of public hearings with conventional questioning of witnesses, can arguably lead to participants being less defensive and more amenable to openly contributing to an Inquiry’s work.

At a time when questions are being raised about the duration of Public Inquiries, as well as their effectiveness and their cost, there may be scope for considering how injecting greater flexibility to statutory inquiries may add value without detracting from their ability to meet their terms of reference. Jonathan Landau was Counsel to the Inquiry and facilitated the seminar on regulation.