Reports – Investigations NOTES
INVESTIGATION REPORTS – NOTES
CONTENTS
What is a report?p2
Types of reportsp2
Legal issuesp2
Principlesp3
Practicep4-9
Organizational issuesp10
References and bibliographyp11
WHAT IS A REPORT?
Evidence of events to which one was witness
A formal account or narration (Penguin dictionary)
A document containing FACTS and INFORMATION on a specific subject
A permanent written record
A formal document that will be read by others (Heller and Tindle 1998)
TYPES OF REPORTS
Craig LongstaffCreated 27.08.2002 – Revised 05.10.2018Page 1 of 11
Reports – Investigations NOTES
Investigatory
Persuasive
Explanatory
Historical
Suggestive/Proposal
Craig LongstaffCreated 27.08.2002 – Revised 05.10.2018Page 1 of 11
Reports – Investigations NOTES
LEGAL ISSUES
Civil Procedures Rules 1999
Criminal Justice Act 1988 s23-s28
Criminal Evidence Act 1968
Data Protection Act 1998
- Confidentiality
- Access
- Storage and disposal
Defamation
- Slander (spoken)
- Libel (written)
Freedom of Information Act 2000
Human Rights Act 1998
- Right to a fair trial
- Right to privacy
- Right not to suffer inhumane/degrading treatment (ANY detriment)
Protection from Harassment Act 1997
Public Interest Disclosure Act (PIDA) 1998 [Whistle-blowing]
PRINCIPLES
Use the NPSA’s Root Cause Analysis (RCA) and Incident Decision Tree (IDT) frameworks
Where possible, use report for learning and improvement not blame
Deliver/finish early (ahead of schedule) or on time
- Under-promise, over-deliver
- If you think it will take 2 weeks to complete:
Set timescale/limit of 3-4 weeks
Aim to submit at 2 weeks
Good quality
- Character and ability of investigating and ancillary team/s is VITAL
- Maintain confidentiality and privacy
- Maintain anonymity where appropriate (exception rather than norm)
- Neutral, impartial, independent, fair, objective, rational, thorough, effective, efficient, robust, rigorous and indisputable regards:
Process
Validity and “weight” of content and evidence
(accuracy; truthfulness; consistency; credibility; reliability
- Reader friendly:
Readable
Lively and interesting/appealing
Simple; logical; clear to follow and understand what happened and issues
- Format and content VITAL to overall impact
All writers/signers of statements are personally and publicly accountable
- Report must be the author’s own
- Always right in the knowledge that anyone could see/read it
(“Washington Post test”, Capt. Abrashoff in It’s Your Ship)
- Always be independent, accurate, factual, objective, impartial and unbiased
- Signing implies:
1) Ownership
2) Satisfaction and agreement regards EVERY aspect of content
3) Accountability
Nurses are bound by the NMC codes at all times
- Rules of co-operation, accountability, confidentiality, etc
Format and content VITAL to overall impact
Busy managers should be able to see from the introduction and conclusion:
- What the report is about (purpose)
- Findings
- Action plan (if any)
Most managers will only read (so concentrate on) the:
- Introduction
- Key headings
- Conclusion
- Recommendations
PRACTICE
Know, check and follow:
- The law
- Regulatory standards, codes obligations and requirements – Eg NMC, GSCC, CSCI
- Organizational systems (policies; procedures; codes)
Seek independent and confidential advice, support and representation
Start the process immediately
- From the point of investigation
Confirm:
- Objective/s (remit; Term/s of Reference) and ensure fulfils
- Audience and readers – Actual AND likely/potential
Plan and prepare:
- Helps to focus and give direction
- Who will read your report – Actual and likely/potential audience?
- Objectives?
- What makes a good report?
- Develop a basic framework/outline first – themes and key headings
- Mind map/s
Delegate parts of the report where necessary and appropriate
- NB – NMC guidance regards delegation
Take, make and retain notes
Take your time
- Do not be pressurized, put under duress, or denied rights to advice first
- Think before you write
- Give careful thought and consideration to what you say/write:
You will be questioned and challenged
You will need to justify and clarify
You will be held to account
It can rebound against you
- DO NOT complete in the heat of the moment or when emotions high/raw:
You need to be dispassionate
Format
- Format/present information using NPSA frameworks – IDT, RCA
- Good quality paper:
Not on scraps, envelopes, tissue, cardboard, etc
- On ONE side only:
Do not write or print ‘double-sided’
- Margins: Left = 3cm; all others = 2.5cm
- 1.5/double line spacing
- Header/footer
? investigation report
Date/Name/Reference/Author
Number pages (page 'x' of 'y')
- Paragraphs:
Number
Should be wider than they are long
- “DRAFT” until final version
- Version control – Version # (Eg Version 3)
Content
Preliminary investigation report
- Whether the allegations appear (un)founded
- What serious issues exist: Misconduct, competence, capability, performance, risk
- Whether further, in-depth investigation required
- What systems require invoking
Final investigation report
- See template
- Main issues/findings:
As per incident decision tree and root cause analysis
Proximal (near; immediate) AND distal
Actionable; Non-actionable
- Appropriate and reasonably directed responsibility and accountability (fair blame)
- What went well
- What went wrong
- Current systems (“the norm”)
- Prioritised recommendations, (potential) improvements and solutions, and action to address/resolve issues
- Routes of resolution and/or action
Generally
- Use graphics to visualize
- Use initials for names
- Follow the basic principles of documentation and record-keeping:
See separate notes + Dimond 2005 pp 199-203
Legible – Typed
Grammar and spelling:
- Short sentences
- Write in the first person (“I”)
- Conversations/quotes: Verbatim; indent; use quotation marks and italics
- Use active not passive phrases Eg “they decided” not “it was decided”
- Avoid exclamation marks and underlining
- Avoid superfluous phrases Eg “at this Moment in time” (now) “in respect of” (about)
- Use your own words/words that you agree with, are sure of and understand
- Plain, every day English – see plain English campaign/website
- Avoid abbreviations and jargon
- Write on audience/likely readership’s level
- If necessary, provide a glossary (as appendage) to spell terms and/or define terms fully
- Avoid clichés, labels and stigma
Accurate, true, factual, objective:
- Keep to the facts as you know them (what actually took place)
- Include more facts than descriptions
- Only include first-hand information
(what you directly witnessed/took part in/were involved in)
- Substantiate/support/corroborate with indisputable evidence
- ‘In good faith’
- Avoid subjective Eg: Emotions
Personal opinions (unless an expert/professional witness)
Assumptions/value judgments
Hearsay (3rd party information told by others)
Include objective information even if it is likely to affect/expose an individual(s)
NB: PIDA 1998 (Whistle-blowing) issues
Relevant and concise (brevity):
- To the point; articulate; cogent
- Avoid overloading
- What would a stranger/outsider need to know?
- “Essential detail should not be sacrificed on the altar of brevity”(Dimond 2005 p201)
- Err on the side of inclusion if unsure but do not exaggerate
- What is left in can be omitted on the grounds of relevance, what is left out is left out for good
Clear (clarity)
- Organized
- Logical sequence/flow; chronological
- Unambiguous
- Readability
Consistent
Avoid:
- Omissions, exaggeration, trivialization/minimization
- Errors/mistakes
- Discrepancies, ambiguities, inconsistencies
- Weaknesses, loopholes
- Breaching confidentiality/anonymity
Overall impact:
- Sufficient detail - completeness (all the essential information)
- Clear exactly what happened and when, where, who, how, why
- Weight (accuracy; truthfulness; consistency; credibility; reliability) as evidence/truth/fact
- Any further information if needed
- Signpost:
Source information/evidence – Who, what, where, when, how, why
Refer to evidence, documents, papers, books, notes, further sources of evidence/information if needed, etc
Specify exactly where these are held or can be located/found Eg Appendix ?
- Fulfills objective/s (remit; Term/s of Reference)
COVER PAGE
- Organization logo + address
- “Private and Confidential” and “No unauthorized access or reproduction”
- “Investigation Report”
- Names – Investigating Officer; Supporting Officer
- Draft/Version#
INSIDE PAGE
- Title
- Appointing officer – requested by/for
- Investigating officer/author
- Supporting officer
- Dates appointed, commenced, concluded and released
- Copies circulated to
- Reader/s guide
- Statement of Truth
- Statement of impartiality/objectivity
- Sign off – Name, signature, job title, role, contact details, date
CONTENTS/INDEX
- List sections of report
- List attachments
EXECUTIVE SUMMARY/SYNOPSIS
- Brief overview of all sections
INTRODUCTION
- Reader forms opinion about rest of report based upon the clarity and quality of the introduction
- When, how and who appointed
- What, why, where, when, who
- Purpose of report – objective/s; remit/terms of reference
INVESTIGATION BACKGROUND AND CHRONOLOGY
- Keep in note form initially to stop becoming too focused on this section
- Often better to finish this section last
- Make the context clear
- Chronologically describe:
Method/process used to investigate, research, gather and record information
RCA:
- Gather information
(Paradigms, People, Systems, Resources/Equipment, Environment, Site, documentation/records)
- Map information
(Timelines; Tabular timelines; Time/person grids; Cause and Effect diagrams; Narrative chronology)
- Identify problems
- Analyze problems
- Develop solutions
SOURCES OF INFORMATION AND EVIDENCE
- Attach as appendices or signpost where locatable
- Participants/witnesses
Use initials (full name in indexed list)
Anonymize/remove for RCA/safety investigations
- For EACH one, attach as appendix:
- People
- Environment
- Physical
- Audio-visual
- Documentation/records
- Circumstantial (applicable/relevant at the time):
CRITICAL INCIDENT/S – SEQUENCE OF EVENTS
- Incident/s and event/s
- ABC
- RCA findings
FINDINGS
- Reasons and underlying causes/failures – systemic; individual
- Make reasonable assumptions and conclusions based on fact and burden of proof (who) and standard of proof (level – balance of probability)
CONCLUSIONS
- Lessons to be learned
Organizational/systemic
Team
Individual
RECOMMENDATIONS – PRIORITIZED ACTION PLAN/SOLUTIONS
- Link directly with what said in conclusion
- Do not introduce any new ideas/issues
- SMARTER actions (priorities, named leads and time scales) for:
Organizational
Team
Individual
SIGN OFF
- Name, signature, date
- Job title and role, contact details
APPENDICES
- Notes/minutes
- Statements, evidence and other information
- Documents and systems
- Supporting tools
- Graphics
GLOSSARY
CONTACT DIRECTORY
REFERENCES/BIBLIOGRAPHY
Check “DRAFT” reportafter and appropriately change/amend
- Hypercritical and ruthless
- Review, scrutinize AND challenge what you have written afterwards
After a break/time out – preferably overnight/few days
After typed
After changes/returned
After final break/time out – preferably overnight
- With:
Advisor, advocate, representative
Trusted friend/peer
- For:
Legibility
Grammar and spelling
- Use a dictionary
- Wrong spelling can lead to confusion/incorrect interpretation (similar sounds, different meanings, etc)
Accuracy, truth, factualness, objectivity
Relevance and conciseness/brevity
Clarity
Consistency
Omissions, exaggeration, trivialization/minimization, errors/mistakes, discrepancies, ambiguities, inconsistencies, weaknesses, loopholes, counterattacks, hostility
Overall impact
Maintaining confidentiality/anonymity
Fulfilling objective/s (remit; Term/s of Reference)
- Final check (when finished): Format, grammar/spelling, flow, readability
Sign, print name, date and time
- Only sign if you are entirely satisfied and in agreement with EVERY aspect of content
- DO NOT sign if:
Made under duress
You do not agree with content (errors, inaccurate, omissions, untrue, etc)
The information is beyond your knowledge
You are not going to have a copy of it
- If you do not agree:
Make a formal note that you don’t agree, why, and sign
Get a reliable witness (Eg union, legal advocate) to countersign
Make or request a (signed AND dated) copy/copies
- For: 1) Management; 2) Requested audience; 3) Any requests
4) You; 5) representative/accompaniment and/or 6) advocate/legal advisor
- To be provided at the time of making/handing over the statement
- Should voluntarily provide, but if don’t – ASK
- File and store confidentially and securely
- Retain for future reference/interview/cross-examination
Request written confirmation of receipt/handing over
- Who (name, role, contact details)
- When, where and how
ORGANIZATIONAL ISSUES
Legal and regulatory requirements/obligations
Paradigms
- Culture
- Values/principles
Systems
(Corporate/Clinical) Governance
Robust and effective ‘protective’ systems
- Raising concerns, complaints, whistle-blowing/PIDA
- Writing (formal) statements/reports
- Serious/untoward incident review and investigations
- Bullying, harassment, victimization, intimidation
- Discrimination
- Zero tolerance
- Grievances, etc
Staff training and practice for writing reports
Staff support during, throughout, AND after process
- Access to legal advice
- Access to practical advice/help
- Access to union advice/help
- Resource provision (including uninterrupted time)
- Debriefing
Reports for work-related events should be completed in works’ time
REFERENCES AND BIBLIOGRAPHY
Dimond, B (2005): Legal Aspects of Nursing. 4th Ed
Pearson/Longman
Heller, R and Hindle, T (1998): Essential Manager’s Guide
Dorling Kindesley
Impact Social Care Training (2008): Report format
RCN (2006): Writing reports for legal purposes. A-Z advice sheet
(accessed 26.05.2006)
The plain English guide to writing:
The plain English guide to writing reports:
(accessed 12.01.2006)
Thomas, J (2006): Survival guide for Ward Managers, Sisters and Charge Nurses
Churchill Livingston/Elselvier
Craig LongstaffCreated 27.08.2002 – Revised 05.10.2018Page 1 of 11