Procedures
Where we decide to investigate a matter, regardless of the type of offence or breach being investigated we do so according to established internal procedures. These are kept under review to ensure consistency with good practice in relation to the planning and conduct of investigations.
All investigations are conducted by appropriately trained and experienced staff, under the supervision of the Head of Enforcement.
Timescales
The time taken to complete a case review or an investigation varies on a case by case basis. Where there is a great deal of evidence to collect and assess, or where the allegation relates to a particularly complex area of the law, the investigation may take longer.
We recognise that it is important to conclude case reviews and investigations as quickly as possible, in the public interest and in the interests of natural justice for those involved. However, our first priority is always to conduct a fair and thorough investigation, and this will always take priority over speed where the two conflict.
We aim to complete all case reviews and investigations as quickly as possible, and our performance target is to complete 90% of case reviews within 90 days and 90% of investigations within six months. In each case the date runs from the date of the decision to make the case a case under review or refer the matter for formal investigation.
Informing those involved
We will usually notify the complainant and the subject(s) of any case review or investigation as soon as the decision is taken. During the investigation, we will provide details of the allegations to the subject(s) in detail and ensure that they have an opportunity to respond to them.
How evidence is obtained
We will normally seek documentary evidence by requesting relevant material from those who appear to be in possession of it, and by oral evidence through interviews.
New investigatory powers
Our supervisory and investigatory powers, and the way in which we use them, are set out in our enforcement policy available below:
Interviews
We will normally record interviews, in order to produce either a transcript or an accurate statement. Where an allegation relates to a potential criminal offence some interviews may be conducted under caution.
Outcomes
Once an investigation is complete, we will decide what action to take, having taken any appropriate legal advice. In some cases, we can decide to refer the matter to the police or relevant prosecuting authorities.
Disclosure policy
We are subject to, and are committed to, complying fully with the Freedom of Information Act 2000. Although we have an office in Scotland, we are a UK body and are therefore subject to the UK Act, not the Scottish Act.
We believe that our position on disclosure is consistent with the provisions of the Freedom of Information Act. We do treat each request upon its merits and assess, on the facts of the particular case, what information is appropriate to release.
