Introduction
1. This Protocol sets out the Inquiry’s approach to warning letters issued under Rule 13 of the Inquiry Rules 2006 (“the Inquiry Rules”).
2. The purpose of this Protocol is to explain how the Inquiry will comply with its obligations under the Inquiry Rules and how it intends to ensure that certain individuals are afforded a reasonable opportunity to respond to evidence in which they are named. It should be read in conjunction with the relevant provisions of the Inquiries Act 2005 (the Inquiries Act) and the Inquiry Rules.
Legal Framework
3. The provisions relating to warning letters are contained in Rules 13 to 16 of the Inquiry Rules. It is for the Chair to determine the specific warning letter procedure that will be adopted in this Inquiry, taking account of those rules and his obligation under section 17(3) of the Inquiries Act to act with fairness and a need to avoid any unnecessary cost (whether to public funds, witnesses or others).
Sending a warning letter
4. Under Rule 13(1), the Chair may send a warning letter to any person –
- he considers may be, or who has been, subject to criticism in the inquiry proceedings; or
- about whom criticism may be inferred from evidence that has been given during the inquiry proceedings; or
- who may be subject to criticism in the report, or any interim report.
5. Under Rule 13(3), the Chair must not include any explicit or significant criticism of a person in the report, or in any interim report, unless –
- the Chair has sent that person a warning letter; and
- the person has been given a reasonable opportunity to respond to the warning letter.
Confidentiality of warning letters
6. Under Rule 14, the contents of a warning letter are to be treated as confidential between the recipient and the Chair/Inquiry Team.
7. If the recipient has a Recognised Legal Representative (RLR), they may disclose the warning letter to that person (Rule 13(2)).
8. The Chair can waive the obligation of confidentiality, at his discretion, by giving written notice (Rule 14(2)).
Contents of warning letters
9. Under Rule 15, if the criticism or proposed criticism is explicit, the warning letter must –
- state what the criticism or proposed criticism is;
- contain a statement of the facts that the Chair considers substantiate the criticism or proposed criticism; and
- refer to any evidence which supports those facts.
10. If the criticism or proposed criticism may be inferred, the warning letter does not need to include the matters listed above, but it must still refer to the evidence from which it is said that criticism may be inferred.
Effect of warning letter on Chair’s determinations
11. Under Rule 16, when determining the weight to be given to any evidence, the Chair must disregard the fact that a warning letter was, or was not, sent to any person before the determination is made.
The Orgreave Inquiry’s Warning Letter Process
Sending a warning letter
12. If the recipient of a warning letter has a RLR, the Inquiry will send the letter to that representative, unless the recipient or their RLR asks the Inquiry to send it directly to the recipient.
13. If the recipient of a warning letter does not have a RLR, the Inquiry will, wherever possible, send the letter directly to the recipient.
14. The Inquiry will prepare warning letters in line with the requirements of Rule 15.
Receiving and responding to a warning letter
15. Recipients must treat warning letters and any accompanying material as confidential and not share them with anyone other than a RLR, without express written permission from the Chair or the Solicitor to the Inquiry acting on his behalf.
16. If recipients wish to share a warning letter with someone other than their RLR, they must first write to the Solicitor to the Inquiry identifying the person or persons to whom they wish to disclose the contents of the warning letter and giving reasons.
17. If the Chair decides to waive the confidentiality obligation, the Chair may impose conditions on the disclosure. In particular, the Chair may require the proposed recipient of the disclosure to provide a signed confidentiality undertaking before the information is shared.
18. All warning letters will specify a deadline for responding. The Inquiry will give every recipient a reasonable opportunity to respond. In determining what is a reasonable time to respond, the Inquiry will consider the extent to which the issues have already been ventilated in written submissions and/or at a public hearing.
19. The Chair will consider carefully all responses received before finalising any report. The Inquiry will generally not enter into correspondence about the Chair’s consideration of a response, including correspondence about whether a proposed criticism will be amended or removed.
20. In accordance with Rule 16 of the Inquiry Rules, when determining the weight to be given to any evidence, the Chair must disregard the fact that a warning letter was, or was not, sent to any person before the determination was made.
Section 40 Funding
21. Recipients of warning letters are entitled to apply for funding for legal representation in accordance with Section 40 of the Inquiries Act. A recipient who wishes to apply for funding must make the application in accordance with the Inquiry’s Protocol on Legal Costs and the Ministerial Determination under Section 40(4) of the Inquiries Act.
22. As per the Inquiry’s Protocol on Legal Costs, the Chair will generally not make an award in respect of the legal expenses of substantial bodies or those of individuals or organisations whose legal expenses could reasonably be expected to be met by such bodies.
Review
23. The Inquiry will keep this Protocol under review to ensure that it remains up to date and reflects the needs and practices of the Inquiry. The Protocol will also be reviewed where changes in legislation may require alterations to relevant policy or practice. Any amendments must be reviewed and approved by the Chair. The updated Protocol will then be published on the Inquiry’s website at the earliest opportunity.
This Protocol was last updated September 2026