Prejudice

Reference: INV-6b

Last Updated 28/07/2017

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The risk of our investigation prejudicing an investigation by another organisation is most likely to happen when the other investigation is being carried out by the police. In some cases there can be a risk that the evidence we have gathered could conflict with or taint the evidence being gathered by their investigation, or it could interfere with their ability to prosecute or start other proceedings.

This will not always occur in every case. Our investigators will always contact the other organisation to understand their view on the matter. If there is a real risk of the other investigation being prejudiced, it may still be possible for us to investigate some areas because our investigations often have a broader scope than investigations by other organisations. For example, criminal proceedings might focus on an allegation of assault while our related proceedings might include other aspects such as the quality of the nursing care provided.

If we are actively considering continuing with our investigation into other areas of the nurse or midwife’s practice, our investigators will always discuss with the other organisation to agree which areas we can investigate. This could include agreement on which witnesses can be contacted and what subjects we can and cannot discuss with particular witnesses.

In cases where the nurse or midwife is not being directly investigated by the other investigating organisation, for example where the setting in which they practise is itself being investigated, it is unlikely that our investigation will cause prejudice. In these cases we will still contact the other organisation in the interests of caution and good customer service and because disclosure of documents or information from that party may help our investigation.