Carrying out Investigations


Theme: Skills

18 June 2018, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Freeths Nottingham, (with Video Conferencing Equipment to Freeths offices in Leicester, Birmingham, Manchester, London and Sheffield)

Please note we offer the option to attend this course via video conference at another of our offices to make it accessible to as many EM Lawshare members as possible. We do our best to deliver the best experience we can with the technology we have, but inevitably it may not be as effective as attending the course in person. We always appreciate your feedback and make improvements if we can.

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;

• Who should carry out the investigation?
• The Stages of an Investigation
• What are the rights of the parties?
• Maintaining legal privilege in an investigation
• 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?
• Investigations relating to Statutory Officers – key issues

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 regularly advises clients on conduct and governance matters and has been involved in a number of investigations on behalf of local authorities. He also delivers training to officers and members. He has a diploma in Local Government law, is Chair of a Parish Council, has sat on a local authority Standards Sub-Committee as a co-opted member, and was formerly a non-executive director of an NHS Trust with special responsibility for “whistleblowing” issues.

David is an experienced employment lawyer who mainly acts for employers in both the private and public sectors. He deals with all aspects of employment law and practice; including investigations for local authorities, strategic advice, reviews of policies, and procedures and contracts of employment. David is recognised as an “Elite Leading Lawyer” in Employment by The Legal 500.
David has extensive experience of handling claims in the Employment Tribunal, including complex and sensitive cases. He regularly appears in the Tribunal for clients. David acts for senior employees, usually in connection with settlement agreements. He also regularly speaks on employment law issues at seminars organised by Freeths or by other organisations.

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.