Ethical standards clinic
I have received a letter from the subject member in which he
demands to question the investigating officer about their report,
as he considers that it is totally inaccurate. What should I
do?
The investigating officer’s role is to obtain evidence in order
to establish facts and provide their view as to whether they
consider there is a breach of the code. If a subject member wishes
to challenge the facts, they can do so by way of providing their
own evidence either, documentary or by way of witness evidence, and
would have the opportunity to cross-examine other witnesses as to
their recollection of events.
If the subject member challenges the view of the investigating
officer that there is a breach of the code, this will be dealt with
by way of representations and submissions to the Committee. An
investigating officer could be called to give evidence however if
there are disputes of fact as to the details of a telephone
conversation held by that officer and the subject member, although
this is likely to be rare.