The Hillsborough Project 1990-2003: discovery of institutional failure and cover-up makes a key contribution to the exposure and official recognition of injustice.
Submitting Institution
Edge Hill UniversityUnit of Assessment
LawSummary Impact Type
LegalResearch Subject Area(s)
Studies In Human Society: Policy and Administration
Law and Legal Studies: Law
Summary of the impact
The Hillsborough Project, led by Professor Phil Scraton at Edge Hill
between 1990 and 2003 (and
continued by him at Queen's University Belfast), exposed serious anomalies
between police
officers' experiences of the 1989 Hillsborough Disaster and their evidence
later put before official
inquiries. It also questioned the extent to which other documentation was
altered or suppressed.
This research made an important contribution to the campaign for a
reassessment of the disaster,
the Government's decision to order full disclosure of documents held by
public agencies (waiving
the 30-year disclosure rule) and to establish the Hillsborough Independent
Panel to produce a
report setting out how the newly disclosed information added to public
understanding of the
tragedy and its aftermath. Informed by Scraton's underpinning research
while at Edge Hill, the
Hillsborough Independent Panel report led to a Prime Ministerial apology,
new inquests into the
deaths at Hillsborough (with the original verdicts of accidental death
quashed), an IPCC
investigation into police conduct and a new police investigation.
Underpinning research
The underpinning research at Edge Hill University was led by Scraton
(employed at Edge Hill from
01.09.82 to 31.08.03) and funded both by the University and by Liverpool
City Council. The
formation of a Disasters Archive, still held at Edge Hill University, was
funded by the Nuffield
Foundation in 2001 and was a source of information for the Hillsborough
Independent Panel.
Further research into Hillsborough has been undertaken by Scraton during
his employment at
Queen's University Belfast (2003-present). This case study only relates to
research prior to
Scraton joining QUB. To provide context, according to Scraton (1999b:
273):
The Hillsborough disaster happened at a premier United Kingdom soccer
stadium in April
1989 claiming the lives of ninety-six men, women, and children. Over the
next decade there
followed a Home Offb01ce inquiry, a criminal investigation, compensation
hearings as far as
the House of Lords, the longest inquests in recent history, a judicial
review, a judicial
scrutiny, and private prosecutions ... Despite the evidence amassed,
much of it undisclosed,
the legal argument and offb01cial discourse, the bereaved and survivors
remain deeply
concerned that the `truth' of Hillsborough has been suppressed and
reconstructed.
The Edge Hill team led by Scraton were the first academics to take a
critical view of the evidence
associated with the Hillsborough Disaster, challenging the official
version. The underpinning
research for this impact case study discovered that South Yorkshire Police
Officers' evidence of
the Hillsborough disaster had been altered and reviewed. Usual practice of
recording evidence in
police notebooks was not followed. Instead, unsigned and un-witnessed
"personal recollections"
were collected. Although officers had not believed their recollections
would become templates for
their formal legal statements, this was in fact what transpired via a
process of scrutiny by police
solicitors. This information was uncovered when Scraton interviewed PC
Frost from South
Yorkshire Police. Subsequently PC Frost gave evidence to the Stuart-Smith
Scrutiny in October
1997. The process of this information coming to light is recounted in
Scraton's book Hillsborough:
The Truth (1999a).
The underpinning research by Scraton and colleagues at Edge Hill
University was the first to
discover the practices noted above and to expose serious anomalies between
police officers'
original experiences and the evidence they later put before official
inquiries. Scraton and
colleagues' work also raised the question of whether — and to what extent — other documentation was altered or suppressed. The importance of this research (and of later
work carried out at QUB)
was reflected in Scraton's appointment to the Hillsborough Independent
Panel in 2010, which
reported in 2012.
References to the research
Underpinning research:
1. Report: Scraton, P., Jemphrey, A. and Coleman, S. (1995) No Last
Rights: The Denial of
Justice and the Promotion of Myth in the Aftermath of the Hillsborough
Disaster, Liverpool:
Liverpool City Council.
2. Authored Book: Scraton P (1999a) Hillsborough: The Truth,
London, Mainstream (also
reprinted and updated in 2000 and 2009).
3. Journal Article: Scraton P (1999b) `Policing with contempt: The
degrading of truth and denial
in the aftermath of the Hillsborough disaster', Journal of Law and
Society, 26(3) 273-297 [peer-reviewed
journal: IF 1.22, ranked 40/138 Law]. DOI: 10.1111/1467-6478.00126
4. Journal Article: Scraton, P. (2002) `Lost lives, hidden voices:
`Truth' and controversial deaths',
Race & Class, 44(1) 107-118 [peer-reviewed journal, IF 0.367,
ranked 65/92 Social Science].
DOI: 10.1177/0306396802441008
Report References:
1. Hillsborough Independent Panel (2012) Hillsborough: The Report of
the Hillsborough
Independent Panel, HC581, London: The Stationery Office.
Evidence of the quality of the underpinning research (see also Section
4):
"Scraton provides a highly critical and detailed account of the various
inquests that followed in the
aftermath of the tragedy... There is in particular a very interesting
analysis of the procedures at
the Coroner's Court and the Coroner's decision to resume proceedings
before the criminal
prosecution had been settled, thereby ruling out cross examinations and
access to certain key
witnesses. The final chapter, 'Sanitising Hillsborough' is particularly
incisive in relation to the police
involvement in the investigations".
Janet Stonestreet, University of Westminster (2000) Book review of
`Hillsborough: The Truth',
Sport in Society: Cultures, Commerce, Media, Politics, 3(3)
104-122. [review in peer-reviewed
journal] DOI:10.1080/14610980008721881
Grant details
Awarded to Professor Phil Scraton,
Title: Disaster reference archive and library resource
Sponsor: Nuffield Foundation
Period: 6 months, from 31/07/2000
Value of the Grant: £9,300
Term: 6 months
Details of the impact
The impacts described in this case study were the result of much work by
many people (relatives,
survivors, campaigners, elected members, journalists and others) over a
long period. Scraton's
work at Edge Hill between 1990 and 2003 made a key contribution.
The research by Scraton and colleagues at Edge Hill University indicated
that police
records/statements relating to the disaster had been altered and that this
had been part of a co-ordinated
strategy. Following the publication of No Last Rights (Scraton et
al., 1995) the then
Labour Government announced a judicial scrutiny under Lord Justice
Stuart-Smith (published
1998) to consider questions of suppressed evidence and the altering of
police documentation.
Scraton gave evidence. Stuart-Smith's findings were that `it would have
been better' had there
been no alterations and that it may have revealed an `error of judgement',
but stopped short of
stating that it amounted to unprofessional conduct.
The Judicial Scrutiny did not end the questioning of the official
construction and reconstruction of
the `truth' about Hillsborough. The Hillsborough Family Support Group with
support from Scraton,
the Hillsborough Justice Campaign, and Merseyside MPs (notably Maria Eagle
who contacted
Scraton with regard to getting key South Yorkshire Police records released
and sent to House of
Commons library) continued to campaign for a disclosure of official
documentation on the disaster.
Scraton's book Hillsborough: The Truth was published in 1999.
In 2009, at the 20th anniversary of the disaster, Andy Burnham, Secretary
of State for Culture,
Media and Sport, announced the Government's intention to waive the 30-year
rule withholding
public records to enable disclosure of all documents relating to the
disaster.
(http://hillsborough.independent.gov.uk/report/Section-1/summary/).
The former Secretary of State for Culture, Media and Sport sums up the
impact of the research
thus:
It is impossible to overstate the importance of the work Professor
Scraton did in the 1990-2003
period.
Quite simply, the full horror and injustice of Hillsborough would never
have been revealed
were it not for his thoroughness and determination.
Phil Scraton turned over stones that others walked past.
His book "Hillsborough — The Truth" prompted me to call for full
disclosure on the 20th
Anniversary of the disaster.
The full implications of Professor Scraton's work will reverberate for
many years to come.
(Factual statement 1)
In the aftermath of the 20th Anniversary of the disaster, in
January 2010 the Home Secretary
announced the formation of the Hillsborough Independent Panel. Scraton
(now at QUB) was
appointed as one of the members. The Panel had the task of managing
disclosure, examining
documents and reporting on how they added to the public's understanding of
the disaster. The
publication of the Panel's report in September 2012 (Other Source 1)
represented the culmination
of attempts by bereaved and survivor groups to view this material. This is
of importance not only
because of the issues of `truth management' that have characterised the
aftermath of the disaster
but also because such limited evidence that has been belatedly released
has been `littered with
factual inaccuracies, contradictory statements, contestable assumptions
and ambiguous
identifications' (Scraton's (2007) Power, Conflict and Criminalisation,
Routledge). The Panel
Report drew upon, and confirmed, Scraton's earlier findings in the
underpinning research of this
case study and reported in Hillsborough: The Truth.
In addition to the disclosure of documents and the formation of the
Panel, there are a number of
impacts (arising before end July 2013) that stem from the work of the
Panel and that have direct
lineage to the underpinning Hillsborough Project conducted at Edge Hill
University which revealed
serious issues of `truth management' in the aftermath of the disaster:
Political impact: the Panel Report fully endorsed the findings of
Scraton's research regarding the
truth about Hillsborough, confirming his findings that police
records/statements had been altered,
that this was part of a co-ordinated strategy and that other documents had
been altered or
suppressed, leading to a Prime Ministerial apology (Other Source 2). The
apology addressed in
particular the issue of safety at the ground, the long fight of the
families and acknowledged that `It
was wrong—quite profoundly wrong—that the police changed the records of
what happened and
tried to blame the fans. [...] Indeed, the new evidence with which we are
presented today makes
it clear, in my view, that these families have suffered a double
injustice: the injustice of the
appalling events—the failure of the state to protect their loved ones and
the indefensible wait to
get to the truth; and then the injustice of the denigration of the
deceased — that they were somehow
at fault for their own deaths.' The underpinning research by Scraton and
colleagues at Edge Hill
University published in 1995 was first raised in the House of Commons by
Colin Pickthall MP
(Other Source 3). Subsequently, in 2011 (Other Source 4) Andy Burnham MP
cited Scraton's 1999
book when identifying how the `lie [that] Liverpool fans were to blame'
was established. Later, in
2012, Andy Burnham MP acknowledged Scraton's work as the key work
influencing the
Independent Panel's findings (Other Source 5).
Community impact: the work of Scraton and his personal commitment
to the struggle resulted in
a close relationship with the Hillsborough families resulting in him being
highly trusted by them (as
reported, Other Source 6). As set out in the Panel's report, the newly
disclosed material has added
to and altered the public's understanding of the disaster, with impact on
families, survivors and the
wider community. The underlying research at Edge Hill by Scraton and
colleagues is cited in the
media as the key influence for the Hillsborough Independent Panel (as
reported, Other Sources
7-8). The work by Scraton and colleagues at Edge Hill is acknowledged by
the Chair of the
Independent Panel, The Right Rev. James Jones, who commented in 2013, `I
accept only a few
invitations to speak about the work of the Hillsborough Independent Panel.
I choose the occasions
thoughtfully. I am here today [at Edge Hill University] because this
University played an important
role in the Hillsborough narrative through the work pioneered by Professor
Phil Scraton who has
now moved to Queen's University Belfast. Phil was a member of the Panel
and his knowledge and
research expertise were central to the Panel's work' (Other Source 9).
Legal impact: a significant early impact of the Panel's findings
was that all of the original inquest
verdicts of accidental death were quashed in the High Court in December
2012, with new inquests
ordered (Other Source 10). A new police investigation into the deaths at
Hillsborough, led by the
former Chief Constable of Durham, is underway (Other Source 11).
Practice impact: in October 2012 the IPCC announced that it would
be launching an independent
investigation into police conduct in the aftermath of the Hillsborough
disaster (Other Source 12).
Sources to corroborate the impact
Factual Statements:
1) Member of Parliament, former Cabinet Minister.
Other Sources:
1) Hillsborough Independent Panel (2012), Hillsborough: The Report of
the Hillsborough
Independent Panel, London: The Stationery Office.
2) HC Deb 12 Sep 2012: Column 285-286.
http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm120912/debtext/120912-0001.htm#column_283
3) HC Deb 08 May 1998, 311, 969
http://www.publications.parliament.uk/pa/cm199798/cmhansrd/vo980508/debtext/80508-06.htm#80508-06_spnew1
4) HC Deb 17 Oct 2011: Column 67
http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm111017/debtext/111017-0002.htm#column_662
5) HC Deb 22 Oct 2012: Column 796
http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm121022/debtext/121022-0003.htm
6) Liverpool Echo (2012). Hillsborough families slam 'disgusting claim'
by barrister that
disaster panel was not independent. Liverpool Echo, 6 June 2013.
Available at:
www.liverpoolecho.co.uk/news/liverpool-news/hillsborough-families-slam-disgusting-claim-4105337
[Accessed 18 November 2013]
7) Ian Herbert (2012). The book that foretold truth of Hillsborough. The
Independent, 22
September 2012. Available at: www.independent.co.uk/news/uk/home-news/the-book-that-foretold-truth-of-hillsborough-8163901.html
[Accessed 18 November 2013]
8) David Conn (2010). Bishop's goal is to tell full story of
Hillsborough, The Guardian, 14
April. Available at: www.theguardian.com/football/david-conn-inside-sport-blog/2010/apr/14/bishop-of-liverpool-hillsborough-panel
[Accessed 18 November 2013]
9) Jones, Right Rev. J. (2013) Hillsborough: A Personal Perspective,
lecture given at Edge
Hill University, April 2013. Available at
www.liverpool.anglican.org/userfiles/file/Bishops/HIP%20a%20personal%20perspective%20April%202013%20(2).pdf.
[Accessed 16 November 2013]
10) Her Majesty's Attorney General V (1) Her Majesty's Coroner
of South Yorkshire (West),
(2) Her Majesty's Coroner of West Yorkshire (West) [19 December
2012] EWHC 3783
Case No. CO/13246/2012.
11) Press Association (2012). New Hillsborough investigation
ordered by home secretary.
The Guardian. 19 December 2012. Available at:
www.theguardian.com/football/2012/dec/19/new-hillsborough-investigation-ordered
Accessed 18 November 2013]
12) Independent Police Complaints Commission (2012). Terms of
Reference: Investigation
into police involvement in the aftermath of the Hillsborough tragedy. 19
November 2012.
Available at:
www.ipcc.gov.uk/sites/default/files/news/Documents/Terms%20of%20Reference%20Hillsborough%20-%20APPROVED%2020th%20November%202012.pdf. [Accessed 16
November 2013].