The Lucy Letby inquiry will examine matters of “profound importance” and should be heard in public, a senior judge has ruled.
Lady Justice Thirlwall said “the fundamental principle” was in favour of open justice and that public hearings would help inform understanding.
However, the judge ruled that the inquiry should not be livestreamed due to the risk of identifying the babies murdered by Letby or their families.
Thirlwall said: “I do not accept that this is a risk the inquiry should take. Not only is there a significant risk to the inquiry itself, I take account of the human cost of a breach. For a parent, who has already suffered so much, to be identified online, is unthinkable.”
Letby, 34, was sentenced to 14 whole-life orders after she was convicted of murdering seven babies and attempting to murder six others, with two attempts on one of her victims.
The inquiry, which will begin on 10 September and will be held at Liverpool town hall, will examine events at the Countess of Chester hospital’s neonatal unit, where Letby was a nurse, between 2015 and 2016.
It will also investigate the conduct of others at the hospital, including senior management, and the culture in the wider NHS.
Thirlwall heard arguments earlier this month from barristers representing key parties, including the families of Letby’s victims, about whether the hearings should be broadcast live.
In a ruling published on the inquiry website on Wednesday, the judge said “the norm, or more accurately, the fundamental principle, is open justice”.
The court of appeal judge added: “This inquiry is of profound importance. The terms of reference require an examination of matters of deep public concern. This will include close scrutiny of many events, the conduct of people involved and the decisions they made – as well as consideration of broader issues affecting the NHS. The principle of open justice applies not only to the hearings but also to the inquiry’s processes.”
Lawyers for the families had argued that the proceedings should be livestreamed to the public, in part to “combat conspiracy theories”.
Peter Skelton KC, representing the families of six babies, described the online speculation as “grossly offensive” and “distressing” for his clients, whom he compared to relatives of school shooting victims in the US.
Thirlwall rejected the idea that livestreaming the inquiry would dispel “toxic and offensive” conspiracy theories.
She said: “Searching for truth is not a characteristic of conspiracy theorists. Like those who promulgate fake news, they search for information which supports their worldview. When they find none, they manufacture it, often using and distorting video footage to be found on the internet.”
Letby faces a retrial next month on one count of attempted murder.
Last week the former nurse was denied permission to challenge her convictions at the court of appeal in London. The appeal was rejected by Dame Victoria Sharp and Lord Justice Holroyde. Reporting of the appeal is limited as restrictions are in place.
• This article and headline were amended on 29 May 2024. An earlier version said that the Lucy Letby inquiry would be broadcast live when this is not the case. It was further amended on 30 May 2024; Lady Justice Thirlwall is still a court of appeal judge, not a former one.
