This petition in three parts:

Part 1 – A Brief Introduction 

Part 2 – Petitioning for a new regulatory body with the resources, the independence, and the power to ensure good and transparent governance is applied to Government Organisations

Part 3 – Covering Letter

Part 1 – A Brief Introduction

Time to end "the patronising disposition of unaccountable power"

The infected blood revelations, the Hillsborough tragedy, the Post Office scandal ... time after time, the UK has seen lives and families destroyed by the abuse of power and failures in the regulation of publicly funded institutions. There'a a repeating pattern of abuse, with senior public servants using the their institution's huge and powerful resources to silence victims and hide inconvenient truths. It has to end.

Who am I? My son was Corporal Josh Hoole, a talented young soldier, whose future in the Army should have been golden. Yet his life was cut needlessly short at the age of 26 - a preventable death which resulted from systemic failures in the Army and wider (MoD) training regime that put him and others at unnecessary risk. Josh was not the first young soldier to die as a result of these failures and I still fear he will not be the last.

(You can read more about my fight for justice in this story: https://www.newsandstar.co.uk/news/23987502.i-want-justice-josh---carlisle-dads-six-year-battle-mod/
 
Soldier's dad wants MoD prosecuted for corporate manslaughter
A FATHER from Carlisle wants the Ministry of Defence to be prosecuted following the “avoidable death” of his solider son during a fitness test.
www.newsandstar.co.uk

Why is this relevant? 

It's relevant because, like so many other relatives who lost a loved one because of institutional failures, I had to fight for years to get the truth about my son's death. I am still fighting for justice for Josh. We saw the same cover-up response following the brutal murder of Stephen Lawrence, another talented young man whose life was ended by racist thugs, and whose parents were denied justice because of systemic failures at the Metropolitan Police. His grieving parents also had to fight, achieving justice - partial though it was - only because of their tireless campaigning against systemic failures, racism and cover-up. We can see the same sorry pattern of institutional failure and cover-up again in the Post Office public inquiry.

I still want justice for my son - prosecutions even. But the bigger issue, perhaps, is the need to address what the Bishop of Liverpool has called "the patronising disposition of unaccountable power" that fuels these various scandals. 

Whether it's a police force, the MoD, or the NHS, we desperately need an effective antidote to this culture of cover-up that allows these scandals to keep happening. We must end the culture of public servants deploying powerful resources - taxpayers funded - not to protect the public whom they should serve, but to protect themselves and their organisation's reputation. For all our sakes, it has to end. As the Bishop of Liverpool said this week in a Radio 4 interview, the grieving relatives affected by these scandals want truth, accountability, and change to prevent future tragedies.

How do we achieve this? 

Part 2 - Petitioning for a new regulatory body with the resources, the independence, and the power to ensure good and transparent governance is applied to Government Organisations

I propose that the new government - no matter which party dominates it - must urgently consider creating of a new regulatory body with the resources, the independence, and the power to ensure good and transparent governance. It must impose and police principles to govern all public bodies: principles of transparency, a legally enforceable duty of candour, and codes of good conduct. This body must - as with the Health & Safety Executive - have the power to sanction those guilty of failure, and ultimately the power to remove or even prosecute senior executives and organisation when applicable who are shown to fall short.

If you want a permanent solution to our country's repeating pattern of cover-up and maladministration in public life, please sign my petition.  If a sufficient number of people support this, the new government will be forced to act. My hope is that we can prevent future tragedies and trigger permanent change, establishing truth-telling and accountability as the norm in our public institutions.

I was misled by the MoD when Josh died, it was not until a year latter that I started to figure out that what I had been led to believe was wrong. Seven years later and the case is with the Serious Crime Division of the Crown Prosecution Service. No thanks to the system who did not want to know, until I made a case that it could not ignore.

The Defence Safety Authority (DSA), in my opinion failed to show Candour, they were aware of the signs and symptoms of Exertional Heat Illness that Josh displayed; they were aware that he did not just collapse suddenly after complaining of cramp, as was reported. Yet sent a False Narrative of Events to the MoD Medical Experts, which shaped their reports, by the time of the Inquest there was no record of that Narrative of Events, even though it was sent to a number of individuals. 

You can help change the Justice System, it starts with an idea and your signature, please share on social media, thank you.

Part 3 - Covering Letter

Enough is enough, as a Country we have a system that is designed to protect itself, using the public purse, your money, to defend itself from criminal charges, litigation, compensation, reputational damage and once in a while to cover-up failings that have led to deaths. 

I am not saying that it should not be able to do this against vexatious claims. 

But there are situations like: Hillsborough (Police), Post Office, Contaminated Blood (NHS), Chinook: Zulu Delta 576 (MoD), my son’s death, and to many more examples to mention. These are all cases where the system has failed, and sadly all too often individuals die. (I apologies the word ‘sadly’ it is to weak and inadequate but so are other words like tragically, it is like we are almost saying that those individuals that die are just unfortunate. But they are not, they have been failed by the system, it is my hope that their deaths will not be in vain, but collectively their spirits through us can force change, so that other families don’t have to live the nightmare of fighting for justice in the future).   

Regardless of the incident, there are families and friends who go through anguish/hell for years, and more often than not decades to get justice for a deceased loved one. I am sure if you ask those who through no fault of their own are placed in this situation, what do they want? They would answer: HONESTY, TRUTH and JUSTICE where applicable.

However, to get honesty, there needs to be a system where investigations are thorough, independent with active measures taken to ensure that all relevant evidence is collated and remove any potential to mislead or cover-up.

When this goes wrong, like the examples listed, families, friends and solicitors are left to do the job that the justice system has failed to do. Worse, the system closes in on itself, delaying, misleading and in some cases hiding evidence or simply getting rid of it, worse still placing the blame on the individuals who have died or been wronged, and discrediting or brushing aside the concerns of the families and those trying to get to the truth. 

In 1215 the Magna Carta was sealed, it established the principle that no one, not even the King is above the Law, but then again it was not intended to be a great charter for the rights for all people, but designed by the barons to ensure their rights were protected. 

The question is, has anything changed? Delete the word Baron and replace it with ‘Mandarin or Mandarins’, names that represent those that hide within the corridors of the government system. I personally just refer to it as the ‘System’, because those that might think of themselves as a Mandarin are just people and should never have the privilege of thinking that they are above the Law, but many do, it is time that we put a stop to this.

Some of the original clauses within the Magna Carta are the basis for important principles of Law today for example:

“No free man shall be seized, imprisoned, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land…To no one will we deny or delay right or justice”.

(https://www.pariament.uk

I would respectfully argue that these principles at times are not applied today, when Government departments are found wanting, all too often the system closes in on itself. On the occasions when this happens, everyday people are left with no honesty or sense of justice and the daunting task of taking on the system. A system that has got all the resources, money (our money), Subject Mater Experts and not just a Government Legal Department, but they can also hire specialist Barristers. Delaying tactics become the norm, evidence is conveniently overlooked or destroyed.

Families have none of these resources, in many cases you’re not entitled to Legal Aid, and you have to push to get to the truth, using Freedom of Information (FOI) requests, hoping that someone with expert knowledge comes forward to assist, or for assistance from a Member of Parliament or the media. 

That might to some sound OK. 

(I do not believe that this is the view of the majority, but you do get uninformed/misguided individuals that hide behind social media or in groups who act without any respect towards the dead and their loved ones, rather than supporting them). 

The system is against you from day one, who prepares you for what becomes a fight for your own life, anyone placed in this situation knows that you cannot start living your life until you have got the honesty and justice that we all deserve. 

Slowly and as long as you don’t give up you get enough evidence to place pressure on the system so that they are left with no choice but to open a Public Inquiry, more often than not decades later. 

(Just to be clear I do not want a Public Inquiry, I want Justice).

And then the truth starts to come out, evidence that was held by the system all of a sudden is forthcoming and the inadequacies of the initial investigation are identified, then the findings are published. 

At long last the families and those affected, get some form of justice if their lucky, and vindication the knowledge that their fight has not been in vain, but the intervening years for many their lives have been torture, not through any wrongdoing on their part but inflicted by a system that has tried to hide justice.

Torture in my opinion is the only way to describe how you feel going through the process of working to get that justice. Just one meaning of torture is:

          “Intense feelings of suffering; acute mental or physical pain”.

There are Laws and Conventions to protect individuals from torture, and yet, we have a system that tortures those individuals that push to get to the truth and some form of justice. Sadly, for some it is too late, because they have died waiting, some have mental breakdowns or take their own lives. 

Families and friends start to question you, or tell you to stop, because they can see what is happening to you, how it is affecting your life and health, or think that you have no chance. (Their feelings are well placed; they want you back). But, how can you just give up, how can you live with yourself with the feeling that you have let a deceased loved one down, you haven’t got them the justice that they deserve. 

I ask myself why does the system work in such a despicable way, there are many reasons: Prevent the possibility of criminal charges, compensation, and a hope that individuals will give up, just to name a few. All the while those working in the system get on with their lives as if nothing has happened. 

While those seeking the truth and justice become ‘Victims’, not because of the loss of a loved one, that is bad enough. But because of the inaction of the system to do its job in the first place and hold an authority or individual to account. 

Legal definition of a victim (Humberside – PPC.Gov.Uk) :

“A person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence; - a close relative (or a nominated family spokesperson) of a person whose death was directly caused by a criminal offence.”

This is not justice, by Law an effective investigation should be impartial, independent and timely, and where appropriate those responsible held to account. It also should show an absence of a hierarchical or institutional connection, and if state agents are involved then there is an obligation to ensure that there is no collusion, so that people can have faith in the justice system.  

There is a procedural obligation which requires authorities to act of their own motion, as soon as the matter has come to their attention, they cannot leave it to the initiative of the NOK either to lodge a formal complaint or to take responsibility for the conduct of any investigation process. 

I would respectfully argue that right up to the end the system treats those in these cases with contempt, as if we are not intitled to the truth, and then there are belated apologies which only come because they are forced into them. The film a Few Good Men has a scene where Lt Col H. Jessep   states: “You can’t handle the truth. You can’t handle the sad but historic reality”. 

The fact is we can handle the truth! It is what we deserve, so the doubts can be put to rest, and some form of closure or grieving process can start to take place, and lives can start to be lived again. 

However, it is a sad historic reality, that time after time the system fails the very people it is meant to protect and serve. It is time that the system is changed, brought into line and made to meet its obligations, and we put a stop to the sad historic reality that happens all too often when deaths are attached to the system. (I use the word system to include all Government funded organisations). 

We need to have a system that meets the requirements of the Law. A solution that ensures impartiality, removing the possibility of any conflict of interest when it comes to an impartial investigation into a Government Authority or Corporation. We need a mechanism in place where by; all the different investigation bodies, hand over all their evidence to one central Impartial Department, checks and balances should be put in place by Law to ensure that the process is without any doubt independent and impartial. 

I am aware that part of the Justice system has been reformed, when it comes to the Coroners Court, it was acknowledged that setting the bar for a verdict of ‘Unlawful Killing’ at the Criminal Law setting of beyond reasonable doubt, was too high. The bar is now set at the Civil Level based on the level of probability, 51% or above and an ‘Unlawful Killing Verdict’ is issued, this places a duty on the relevant investigation authority to investigate the case, and where applicable charges are laid against a person or organisation. But still families are not entitled to funding for Legal Representation during an Inquest, while Government Authorities have an endless supply of Public Purse funding to cover their legal fees, in my own case by the end of the Inquest the MoD had spent over £650.000 on legal fees.

This change was made because it was recognised that without doing this it left many individuals having to investigate the deaths themselves and bring Civil Prosecutions, or if enough evidence is found the Crown Prosecution Service will step in and prosecute at the Criminal Level. 

However, this still leaves many cases where individuals are left with the daunting task of putting together a Civil case against a Government Authority, with no funding, having to rely on Third Party Funding. 

One of the reasons that I am writing this and taking the action that I am, is because I read an article a few days ago regarding the Post Office Inquiry. Mr Bates, was basically saying that if the system was not going to pursue justice, it would be left to them to fight on, and bring Civil Cases against the Organisation or Individuals. Using Crowdfunding to pay for the case, having to rely on public generosity, while at the same time the system uses the Public Purse to defend itself. 

This has to be wrong!

I respectfully suggest that there is an easy solution that ultimately will save time and money; it starts with an effective independent investigation, centralising all the evidence for scrutiny, with specialist members of the Crown Prosecution Service (CPS).

At present the CPS has a test, if it is met and they have a reasonable expectation of a prosecution they will take the case to Court, but that reasonable expectation is set against the Criminal Threshold. 

I respectfully suggest that for cases where death has occurred, or where there is any suspicion of negligence or gross-negligence relating to a Government Authority, that the CPS are instructed to lower the reasonable expectation to that of probability the Civil Level. 

At the end of the day, it is not up to the CPS to establish guilt that is the job of a Jury, under the instruction of a Judge, after hearing all the evidence can’t the Jury decide if the correct level of guilt is either the Civil or Criminal Level?

It is then left to the Judge to decide, what the correct level of punishment is required given the merits of the case. It should be noted that in the cases where a fine is issued against a Government Authority, then that fine is paid from the Public Purse (the Treasury), to the Justice System, in other words the money goes back to the Treasury.

Some might call this perverse; basically, the Government getting a back handed bonus for committing a crime, it has not been wronged other than been found out. Those that are wronged are those affected by the loss of life, reputation or injury, I would respectfully suggest that in these cases the Judge offers compensation at the appropriate level as the fine would have been set at.  

It is my belief, that having such a mechanism, would not just help justice be delivered, as it is intended, but would have a preventative effect on the system, it would be forced to get its house in order.

Better still, as soon as the Government Authority responsible identifies Corporate failings that amount to Negligence, Gross-Negligence or Corporate Manslaughter, they should make an open admission arrange a settlement and save the public purse both time and money. 

What am I asking of you the individuals that read this letter or have areas of it brought to your attention. 

Help, do what you can, if you’re in a position to place pressure on the system. For those that have found yourself in or who are still fighting for justice I would respectfully ask you if you can add your voice for change, and everyone else please sign the petition that has been placed on Change.Org. 

As for my case, well I would hope that after reading all of this petition, the system itself will take over and do what it should have done in the first place, until that happens, I intend to use my personal experience of fighting the system to promote this petition.

I apologies to anyone that maybe distressed by this subject and to those that have lived the ‘torture’, I hope that you have been able to start to live again, for those who still find yourselves searching for honesty and are suffering the ‘torture’, that you receive your answers soon. 

Thank you for taking the time to read this petition, and hope you support this petition.

Kind Regards 

Mr PJ Hoole