Carrying out Investigations


Repeated from East Midlands

Theme: Skills

2 July 2018, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Freeths London


Presented by Freeths

Course overview

Recent interest in probity and misconduct within public sector bodies and increased pressure for openness has led to increased interest in the undertaking of investigations and the application of basic principles such as natural justice and obligations imposed under ECHR. This course will deal with issues such as;

• The Stages of an Investigation
• What are the rights of the parties?
• How should Social Media Posts be dealt with?
• What evidential standards should be applied?
• Can a person under investigation rely, following the Hussain v Sandwell decision on Data Protection Law or Injunctive proceedings to undermine an investigation?
• When should the Police be involved?
• Where does the role of HR begin and end?
• When is an Authority liable under general principles of Vicarious Liability and Equalities Legislation for the behaviour of Officers and Members ?
• Can behaviour be mediated?

Suitable audience:

Lawyers and other officers involved in Member Code of Conduct and other investigations related to alleged breaches of Codes or malfeasance by Members or Officers

Overview and topics to be covered include:

How to proceed with an investigation
Employment Law issues
The Role of the monitoring officer
Recent caselaw

Interactive elements

We are encouraging speakers to include interactive elements into their courses.

There will be a Case Study with opportunity for role play

Duration: Half a day (3 training hours) including lunch


This course will cover:

A Ethics professionalism and judgement

B Technical legal practice

B2 Legal research

B4 Draft documents

B5 Advocacy

B6 Negotiation

C Working with other people

C1 Communicate clearly and effectively

D Managing themselves and their own work

Presenter profiles:

Stephen Pearson is a partner in the Commercial department of Freeths specialising in matters for Public bodies including Procurement, State Aid and negotiation of complex corporate JV arrangements. He has set up several multi-authority JV Companies including “Place Partnership” in Worcestershire and “Arc Property Services” in Nottinghamshire. He has also created Public/Private Development JVs in Cumbria, Cambridge, Derbyshire and Tyneside and gives extensive advice on associated corporate governance and State Aid issues.

David Potter at Freeths has over 25 years’ experience in employment law and has acted for local authorities in defending a wide range of claims brought in the Employment Tribunal including complex equal pay and discrimination claims as well as the usual unfair dismissal claims. He often conducts his own advocacy. He sometimes acts for senior employees and recently acted for an HR Director in securing a landmark award of over £830,000 in a sex discrimination claim which attracted national media coverage. He has also carried out complex independent investigations for public sector bodies often in sensitive cases.

Helen Lynch, Head of Legal, Durham County Council TBC

Please note, EM LawShare events are only open to existing members. Click here to learn more about becoming a member.

If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.