Timely Investigations - Duties and Consequences

As investigators, we are often asked to conclude our process “as soon as possible” - or even “as a matter of urgency”. Sometimes, however, despite the best of intentions, we don’t produce our report in the time we expected. Delay is an inevitable hazard of what we do.

But how long is too long? What consequences might follow if we fail to produce our findings within a reasonable time?

Recently, tribunals have placed some reliance upon a High Court decision that establishes that where a disciplinary process takes too long that, in itself, may be regarded as a penalty, justifying reduction, or even elimination, of sanctions. Could this apply to us as investigators? And what duties might we owe as a consequence?