Misconduct in Public Office
A new statutory offence ensuring nobody in public office is above the law.
During the pandemic, decisions and inaction by those in power caused preventable harm. The current offence of misconduct in public office is outdated and rarely used against senior officials.
We are calling for a modern, statutory offence that makes serious abuse of power, or reckless failure to act when lives are at risk, a crime.
Why this matters
Our loved ones died because of government failures, but there is no route to justice.
The existing offence of misconduct in public office is too vague, and is almost never used against ministers or senior officials.
Without a modern offence, catastrophic failure at the top can pass without consequence.
Clear accountability is how we honour those we lost, rebuild trust, and prevent the same mistakes.
A new Misconduct in Public Office Law would protect families in the future by ensuring those in power can be prosecuted when they seriously fail in their duties.
What this campaign is not
It is not about punishing past ministers under a new law. The Law would not be retrospective.
It is not about criminalising honest mistakes. It targets serious misconduct and reckless neglect of clear duties that put lives at risk.
FREQuently ASKED QUESTIONS
Will this law bring to justice those who were in charge during Covid?
No. Criminal laws in the UK do not apply retrospectively. The Covid Law would protect families in the future by making sure serious misconduct or reckless neglect in public office can be prosecuted.
Why is a new law needed, does misconduct in public office not already exist?
There is an existing common law offence, but it is vague and has proved ineffective at reaching senior decision makers. A modern statute would set clear tests and close the accountability gap.
Would this criminalise policy disagreements or mistakes made in good faith?
No. The offence would target serious misconduct, or reckless failure to act on known duties where lives are at risk. Honest errors and reasonable policy judgements would not meet that threshold.
Who would be covered?
Ministers, senior civil servants, and others in positions of public trust. It would also cover private bodies and contractors delivering public functions, through a clear statutory definition.
No one in public office should be above the law.
Sign the petition to demand a modern Misconduct in Public Office offence.
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What the NEW MISCONDUCT IN PUBLIC OFFICE OFFENCE WOULD DO:
Create two clear statutory offences:
Corruption in public office, when a public official knowingly misuses their position to cause benefit or detriment.
Breach of duty in public office, when a public official recklessly fails to act on a known duty to prevent serious harm or death.
Include a failure to prevent element, so serious inaction by those with oversight responsibility can be prosecuted.
Define public office in statute, covering ministers, senior civil servants, and private contractors delivering public services.
Include a public interest defence in limited circumstances, for example whistleblowing.
Require consent from the Director of Public Prosecutions before charges proceed, to focus on serious, well evidenced cases.
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