Intersol Global – Professionalising Your Today, Protecting Your Tomorrow https://www.intersolglobal.com Mon, 29 Jul 2019 16:33:24 +0000 en-US hourly 1 https://wordpress.org/?v=5.2.2 Investigation of misconduct in universities that could amount to criminality https://www.intersolglobal.com/investigation-of-misconduct-in-universities-that-could-amount-to-criminality Mon, 29 Jul 2019 16:33:16 +0000 https://www.intersolglobal.com/?p=2038 “Investigations carelessly handled cost lives”  “The interviews were the shop window for the integrity of the investigation” (UK QC) Universities have rarely been under such scrutiny as they are in the present climate and it is not inconceivable that a judicial review of the sectors processes for managing the investigation of cases of serious misconduct…

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“Investigations carelessly handled cost lives”  “The interviews were the shop window for the integrity of the investigation” (UK QC)

  1. Universities have rarely been under such scrutiny as they are in the present climate and it is not inconceivable that a judicial review of the sectors processes for managing the investigation of cases of serious misconduct is around the corner, particularly where those cases might amount to criminal conduct.
  2. Since the publication of the Pinsent Masons guidance in 2016 we have worked closely with Universities UK and universities to support Case Management that not only meets minimum standards but, in many cases, exceeds it. This is a concept we term Extraordinary Case Management (ECM®). We position the investigative interview (meetings) at the heart of that process.
  3. It is the ‘interviews’ with stakeholders that make or break these investigations. Facts, detail and accuracy enable the decision-makers to reach reliable findings but what training and competencies have your staff got to conduct such investigations?
  4. Three years dedicated to investigations in your environment serve to reinforce the complexities you face, not least the dynamics of the complaints, student v student, staff v staff, student v staff and staff v student. When considered in the context of conflicting local policies, advice, and prevailing legislation the challenges you face become very high-risk and toxic.
  5. Rather than letting disaster drive our business and be reactive we have taken the strategic decision to be proactive in our endeavours to support the sector and those who find themselves involved in potentially life-altering investigations.

Already supporting universities, intelligent about the sectors unique challenges, if you are considering the training of staff or commissioning external investigation support, we’re more than happy to help with pro bono advice based on hundreds of years of combined experience.

See this summary of the headline issues and contact us for further information or support: https://www.intersolglobal.com/wp-content/uploads/2019/07/UK-Unis-VC-Proposal-FINAL-1.pdf

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Operation Midland, Carl Beech – Malicious Liar or Psychologically Vulnerable? https://www.intersolglobal.com/operation-midland-carl-beech-malicious-liar-or-psychologically-vulnerable Thu, 25 Jul 2019 15:11:18 +0000 https://www.intersolglobal.com/?p=2033 This post/blog reaches no conclusion or answer to the above question, it cannot as the author had no involvement in the investigation or access to strategy documents or case papers (in common with many others making public comment), only those with intimate knowledge of Operation Midland know the answer. BUT, What it can do is…

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This post/blog reaches no conclusion or answer to the above question, it cannot as the author had no involvement in the investigation or access to strategy documents or case papers (in common with many others making public comment), only those with intimate knowledge of Operation Midland know the answer.

BUT,

What it can do is highlight the grave error of judgement by several highly influential leaders in the Criminal Justice System (CJS) who advocate ‘automatic belief’ of those reporting serious sexual offending with little or limited knowledge of the skill of investigating with the catastrophic cost to life and miscarriage of justice.

It can place on record the authors experience of a very similar case and maybe go some way to prevent other lives and reputations being sullied as they were in this case and that of other ‘celebrity’ investigations as subsequently reinforced by the judgement of HHJ Henriques in his review.

It is in no small way, a personal testimony to the recently deceased Dr James Ost and his work on ‘False and Reconstructed Memories’, surely considered by the ‘Midland’ team when faced with the escalating and increasingly extreme allegations made by Beech.

There follows selected excerpts from the work of Dr Ost and others, and a case study (Anna) by the author that bears an uncanny similarity to that of Beech reported by the media; before which let’s take a look at the principles that underpin forensic investigative interviewing.

ACPO endorsed the 7 principles of investigative interviewing in 2008, principles that were entrenched in policing many years before Beech but embraced inconsistently by the 40+ police forces in England and Wales.

  • The aim of investigative interviewing is to obtain accurate and reliable accounts from victims, witnesses or suspects about matters under police investigation
  • Investigators must act fairly when questioning victims, witnesses or suspects. Vulnerable people must be treated with particular consideration at all times
  • Investigative Interviewing should be approached with an investigative mindset. Accounts obtained from the person who is being interviewed should always be tested against what the interviewer already knows or what can reasonably be established
  • When conducting an interview, investigators are free to ask a wide range of questions in order to obtain material which may assist an investigation
  • Investigators should recognise the positive impact of an early admission in the context of the criminal justice system
  • Investigators are not bound to accept the first answer given. Questioning is not unfair merely because it is persistent
  • Even when the right of silence is exercised by a suspect, investigators have a responsibility to put questions to them

As we move to explore the fragilities of memory the irony of corporate amnesia and false memory shouldn’t be underestimated. Midland took place against a background of politically motivated clamour for results, austerity and decline in policing standards. Indeed, policing business ‘leads’ were actively devaluing investigation standards and competencies, particularly the craft of investigative interviewing, long under- invested in by ‘The Met’ and many other police forces.

Let’s take a look at some heavily edited publications by Dr Ost.

Suggestibility in Legal Contexts (© 2013 John Wiley & Sons, Ltd. Published 2013 by John Wiley & Sons, Ltd.)

Recovered Memories and Suggestibility for Entire Events (James Ost Chapter 6)

“Life is a continuous play of adaptation between changing response and varying environment … Remembering is a function of daily life, and must have developed so as to meet the demands of daily life” (Bartlett, 1932, p. 16).

It was known as the ‘recovered/false memory controversy’ and started in North America in the mid-1980s and made its way across the Atlantic to the United Kingdom. The controversy surrounded alleged episodes of childhood sexual abuse that were remembered by adults. Sometimes these claims were made after a period of therapy during which the individual ‘recovered’ memories of such abuse. In most cases, the individuals claimed to have had a significant period of non-awareness of the occurrence of the abuse (the argument was that the trauma of the abuse had led the individual to ‘repress’ or ‘dissociate’ all memory of it happening). As one might expect the accused (often the individual’s parents) strenuously denied any wrongdoing. In some cases the accused was the subject of both civil and criminal proceedings. Professionals were divided over whether these claims of abuse were based on genuine repressed memories that had been recovered by careful therapeutic intervention, or whether they were false memories induced, in part, by suggestive and inappropriate therapeutic techniques. Partly due to the paucity of direct evidence at the time, psychologists became engaged in something of a turf war concerning the status of these contested abuse claims (see Brainerd & Reyna, 2005; McNally, 2003; Ost).

Conclusions and Forensic Implications

• What appear to be newly remembered (i.e. recovered) memories of past trauma are sometimes accurate, sometimes inaccurate, and sometimes a mixture of accuracy and inaccuracy (Wright, Ost & French, 2006);

• There is no convincing evidence that individuals can repress, dissociate or otherwise selectively ‘block out’ memories of traumatic experiences – not disclosing a history of trauma is different from not remembering a history of trauma (McNally, 2003);

• There is evidence that individuals will come to believe, remember and, in some cases, act on events that were suggested to them as part of psychological experiments (Laney Et al. 2008);

• In the absence of independent corroboration, reports of past trauma based on recovered memories are not reliable enough to be the sole basis for legal decisions.

Case Study ‘Anna’ (Redacted)

In 2005, at the age of 40, Anna sought therapy to help her deal with depression following the loss of a high- powered job as a lawyer. At the start of therapy she had no memories of being sexually abused in childhood. When that course of therapy ended, Anna sent a letter to her mother claiming that she had remembered being sexually assaulted as a child. In that letter she accused her father of sexually abusing her when an infant, and that the abuse was responsible for her depression. After a short break, Anna started a course of therapy to help her deal with having been a victim of childhood sexual abuse. Over the following 2 years more details were volunteered, including sexual abuse perpetrated by her brother and local civic leaders. She went on to report escalating allegations of horrific physical and sexual abuse of multiple child victims, extending to murders, decapitation, satanic rituals, and disposal of human remains. She submitted a claim for criminal injuries compensation. Her sister, who Anna claimed was also systematically abused by the same perpetrators, denied any knowledge of the events that Anna said she now remembered. Anna decided to formally report members of her extended family and others to the police.

Had Anna been ‘automatically believed’ in line with the stance advocated by Sirs BHH and TW the immediate lines of inquiry would likely include:

  • Seizure and preservation of a crime scene long since occupied by ‘new’ owners
  • Re-housing of current owners
  • Excavation of extensive private residences
  • Exhumations
  • Closure and examination of a specified ‘public space’
  • Arrest of several high-profile individuals (now elderly and vulnerable)

with all the attendant collateral and reputational damage and cost.

Alternatively, the structured model of investigation could be followed (ACCESS illustrated below) and Anna thoroughly forensically interviewed recognising the 7 principles outlined previously and her account evaluated by internal and external validation.

In the event a strategy was developed by the Interview Advisor, boldly endorsed by the SIO, to progress with the second option and proceed with an evidence-based investigation, the starting point for which were the principles imbued in every detective on day 1 of their training course, the ABC(D) of investigation:

Ost continues:

The key issue for psychologists, the police and legal professionals is whether these memories are genuine and relate to events that actually occurred, or whether they are false beliefs and memories generated as a result of suggestive therapy.

Some adults who were sexually abused as children may never disclose that abuse to anyone. Some may not disclose until years after the alleged abuse occurred, some may disclose after a period of psychological

therapy, others may disclose and then retract their disclosures, and others still may disclose after a period where they claimed to have been unaware that they had been abused. Each type of disclosure presents

its own unique challenges for therapeutic and law enforcement professionals. The consequences of such disclosures can be incredibly high, both for the person making the disclosure and those accused as a

result. If legal and therapeutic systems get it wrong there are equally tragic consequences. Either a genuine victim of abuse is not believed, or someone is falsely accused (Conway, 1997; Pezdek & Banks, 1996).

Thus the goal of psychological research is to improve diagnosticity in these cases – how to increase the detection of genuine cases (i.e. hits), without also increasing the number of false allegations (i.e. false

alarms).

As a result, a significant body of scientific research has developed over the past twenty years in an attempt to inform therapeutic and legal decision-making in such cases. Still, it remains a controversial

issue (Freyd, Putnam, Lyon et al., 2005 and replies).

In Conclusion

The events of ‘Midland’ are known only to those directly involved and it is inappropriate to speculate. What is clear is that investigation has potential to destroy reputations, ruin careers, damage lives, and even cost life yet it is a profession that remains totally unregulated and under resourced.

Be under no illusion that, with notable exceptions, some of the most critical, high risk, and complex investigations are being increasingly entrusted to the unqualified and inexperienced with all the collateral damage and miscarriages of justice that creates.

In conclusion let’s reflect on the research and evidence-based conclusions and forensic implications highlighted by Ost that:

“In the absence of independent corroboration, reports of past trauma based on recovered memories are not reliable enough to be the sole basis for legal decisions”.

If reading this prompts you to want to understand more about how to manage investigation cases ‘extraordinarily’ please feel free to contact the team at Intersol Global, info@intersolglobal.com

Ian Hynes.

CEO Intersol Global

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Intersol COO Presenter and Panel Member for Association of Corporate Investigators https://www.intersolglobal.com/intersol-coo-presenter-and-panel-member-for-association-of-corporate-investigators Thu, 02 May 2019 14:47:04 +0000 https://www.intersolglobal.com/?p=1994 Intersol COO Presenter and Panel Member for Association of Corporate Investigators ACI’s interactive one day workshop (https://www.my-aci.com/uploads/1/1/9/2/119293279/agenda.html.docx ) will enhance and develop the decision-making ability of delegates, featuring a complex real-life example allegation where delegates will decide what, when and why to utilise investigative tools including: open source research, digital forensics, eDiscovery, investigative interviewing and…

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Intersol COO Presenter and Panel Member for Association of Corporate Investigators

ACI’s interactive one day workshop (https://www.my-aci.com/uploads/1/1/9/2/119293279/agenda.html.docx ) will enhance and develop the decision-making ability of delegates, featuring a complex real-life example allegation where delegates will decide what, when and why to utilise investigative tools including: open source research, digital forensics, eDiscovery, investigative interviewing and legal options. Input from expert panel members brings to life this challenging scenario providing a realistic, participatory and engaging learning environment.

​The workshop will benefit:

  • New/developing corporate investigators;
  • Career investigators seeking to transition from other organisations (I.e. public to private);
  • Established professionals (HR, compliance officers etc.) from various backgrounds seeking to upskill and/or seek exposure to a complex end-to-end corporate investigation in a training environment;
  • Established corporate investigators seeking to stay up-to-date, upskill, challenge themselves and/or to obtain continuing professional development points and certificate of attendance for personal development plans.

This is an interactive seminar with audience participation where delivery is focused on a dynamic, evolving and multi-faceted case/scenario involving injects of data and information, where delegates at set intervals are invited to vote on investigative considerations to drive the discussion.  The event focuses on particular aspects of the life cycle of a case, and junctures where strategic decisions are informed by risk indicators.

Led and facilitated by experienced corporate investigation professionals, participants are assisted by a panel of subject matter experts who will be on-hand to present soundbite knowledge shares and advice on case strategy, decisions and potential impacts.

Key thoughts, top tips along with other tools and materials will be provided from each of the experts and the ACi as part of the workshop.

Intersol COO, Mick Confrey, will host 2 sessions focussing on SE3Rs as an investigative tool and investigative interviewing as well as supporting the panel throughout the day.

Above: COO, Mick Confrey, hosting Intersol Global’s Associate Investigator development day.

If you’re a delegate at the ACI workshop and would like to discover more about how Intersol can improve investigation case management and make it ‘extraordinary’ please look up Mick at the conference or drop us a line at info@intersolglobal.com

Link to event page here: https://www.my-aci.com/aci-training-workshops.html

 

 

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Intersol Awarded Direct Claims Status by Regulator https://www.intersolglobal.com/intersol-awarded-direct-claims-status-by-regulator Fri, 26 Apr 2019 18:23:40 +0000 https://www.intersolglobal.com/?p=1989 Intersol Awarded Direct Claims Status by Regulator. Always delighted to finish the week with good news! Skillsfirst assessed the quality of our training delivery earlier this month and we’re delighted to receive the following formal confirmation that we have had our direct claims status renewed for another year: “Following recent external verification, I am pleased…

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Intersol Awarded Direct Claims Status by Regulator.

Always delighted to finish the week with good news!

Skillsfirst assessed the quality of our training delivery earlier this month and we’re delighted to receive the following formal confirmation that we have had our direct claims status renewed for another year:

“Following recent external verification, I am pleased to confirm that the report recommends direct claims status for the following qualifications.

  •           DDCA3 – Skillsfirst Level 3 Award in Dealing with Difficult Conversations (RQF)
  •           IIC3 – Skillsfirst Level 3 Certificate in Investigative Interviewing (RQF)”

At Intersol Global we are determined that independent external verification of quality training standards is crucial to reputation and quality. Investigations poorly conducted can, and often does, ruin lives, even cost them on occasion, yet we repeatedly entrust them to the unqualified and inexperienced.

If you are commissioning investigations and inquiries that include interviewing reporting and reported persons this qualification is a ‘must have’ not a ‘nice to have’.

My thanks to our COO, Mick Confrey, and all the dedicated and first class associates of Intersol who share the passion for investigation Case Management that is ‘Extraordinary’ (ECM®)

 

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BBC News: UK universities face ‘gagging order’ criticism https://www.intersolglobal.com/bbc-news-uk-universities-face-gagging-order-criticism Tue, 23 Apr 2019 13:10:23 +0000 https://www.intersolglobal.com/?p=1983 BBC News: UK universities face ‘gagging order’ criticism “UK universities are being accused of using “gagging orders” to stop bullying, discrimination and sexual misconduct allegations becoming public. Dozens of academics have told BBC News they were “harassed” out of their jobs and made to sign non-disclosure agreements after making complaints. Figures obtained by the BBC…

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BBC News: UK universities face ‘gagging order’ criticism

“UK universities are being accused of using “gagging orders” to stop bullying, discrimination and sexual misconduct allegations becoming public.

Dozens of academics have told BBC News they were “harassed” out of their jobs and made to sign non-disclosure agreements after making complaints.

Figures obtained by the BBC show UK universities spent about £87m on pay-offs with NDAs since 2017.

Universities UK says using NDAs to keep victims quiet should not be tolerated.

Non-disclosure agreements were designed to stop staff sharing trade secrets if they changed jobs, but now lawyers say they are being misused to protect serial perpetrators of misconduct, and ministers say they want to tighten the rules”. (Courtesy BBC).

Link to full report here: https://www.bbc.co.uk/news/education-47936662

Comment.

With the advent of a series of Case Management Masterclasses by Intersol in support of UUKs objectives to implement the 2016 Pinsent Masons guidance on investigations into misconduct that might amount to criminality, it is timely to emphasise that NDAs have no place in the concealing of criminality. We echo the stance of UUK that:

“Universities use non-disclosure agreements for many purposes, including the protection of commercially sensitive information related to university research. However, we also expect senior leaders to make it clear that the use of confidentiality clauses to prevent victims from speaking out will not be tolerated. All staff and students are entitled to a safe experience at university and all universities have a duty to ensure this outcome.

“UUK will be publishing comprehensive guidance for universities on sexual misconduct in the autumn and this will cover the use of confidentiality clauses. This guidance will be the result of detailed work by an advisory group brought together by UUK, involving stakeholders such as the 1752 group and the NUS. We are also engaged with the current government consultation on confidentiality clauses.

“It’s important to note that a confidentiality clause will usually be one part of a wider settlement agreement that has been negotiated between two parties and, crucially, the signing of an agreement containing such a clause does not prevent staff or students from reporting criminal acts to the police or regulatory bodies, or from making a disclosure under The Public Interest Disclosure Act 1998.”

It is our experience across sectors that the use of a NDA, often linked to a (without prejudice) pay-off usually exacerbates problems, leads to repeat offending and the creation of more ‘victims’, doing nothing preventative but storing up problems and cost for the future.

STOP PRESS!

As I write news breaks that:

NHS to be banned from using NDAs to gag whistleblowers

https://www.peoplemanagement.co.uk/news/articles/nhs-to-be-banned-using-ndas-gag-whistleblowers?utm_source=mc&utm_medium=email&utm_content=pm_daily_23042019.4/23/2019.778208.NHS+to+be+banned+from+using+NDAs+to+silence+whistleblowers&utm_campaign=&utm_term=4523098

If you have an appetite for excellent investigation that enables Extraordinary Case management (ECM®) please contact for a free and private consultation.

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Intersol ‘Bottle’ 300 Years of Interviewing Expertise for UK Policing. https://www.intersolglobal.com/intersol-bottle-300-years-of-interviewing-expertise-for-uk-policing Sat, 30 Mar 2019 12:06:32 +0000 https://www.intersolglobal.com/?p=1958 Intersol ‘Bottle’ 300 Years of Interviewing Expertise for UK Policing. Are you a police force struggling with resource and finance? Would you like to save tens of thousands of pounds and keep your officers operational? Are you passionate about investigation competence and your reputation? If so please take a moment to reflect on this serious…

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Intersol ‘Bottle’ 300 Years of Interviewing Expertise for UK Policing.

  • Are you a police force struggling with resource and finance?
  • Would you like to save tens of thousands of pounds and keep your officers operational?
  • Are you passionate about investigation competence and your reputation?

If so please take a moment to reflect on this serious offer from a group of professionals dedicated to professionalising investigation and determined to reposition ‘speaking to people’, investigative interviewing, back at the heart of Case Management.

Recognising the limitations on UK police resources we have ‘bottled’ the combined experience of seasoned investigators and forensic psychologists in a modular series of online blended learning sessions that deliver all the technical knowledge to equip police officers with skills at PIP level 1 (Tier 1) interviewing. No longer do you need to abstract officers for 5 working days, no longer do you need to refresh learning or look to re-skill officers, simply enable them to sign up for this series of courses that can be accessed across ALL mobile platforms.

Suitable for Police, PCSOs, Call-takers, and all Support Staff this is PIP 1-2 on steroids, delivered by the most experienced specialist advisors (Tier 5s) in the UK with policing in mind and is unique in the world in that it attracts a Level 3 OFQUAL award in Managing Difficult Conversations.

UK policing is slipping behind lawyers, health and safety, HR, and regulators, all of whom have accredited their staff with a level 3 qualification in the subject.

If this message reaches and senior police decision-makers, PCCs, or Lord Mayors out there contact us at info@intersolglobal.com to explore how you could train ALL your staff to better engage with the public and each other for less than £50 each!

 

 

 

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Friday Feedback – LNER Achieve Level 3 Investigative Interviewing Accreditation https://www.intersolglobal.com/lner-cohort-achieve-level-3-investigative-interviewing-accreditation-friday-feedback Fri, 29 Mar 2019 16:26:34 +0000 https://www.intersolglobal.com/?p=1954 Friday Feedback – LNER Achieve Level 3 Investigative Interviewing Accreditation LNER recognise the value of reliable, detailed and accurate investigations in the workplace and continue to support development of their staff with this unique accreditation by the team at Intersol Global. Delivered earlier this week at LNER’s York training base to a mixed cohort from…

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Friday Feedback – LNER Achieve Level 3 Investigative Interviewing Accreditation

LNER recognise the value of reliable, detailed and accurate investigations in the workplace and continue to support development of their staff with this unique accreditation by the team at Intersol Global.

Delivered earlier this week at LNER’s York training base to a mixed cohort from health, safety, legal and HR, it also enabled an internal QA check on performance and the annual regulatory assessment of Intersol’s status as an awards centre.

If you commission training and want value for money check the external validity of what’s being delivered, never assume competency, relevancy, or currency. That’s why we’ve invested so heavily in external regulation and accreditation, never more important when the subject being trained can ruin lives if practitioners get it wrong! Yet again our trainers, led by Intersol COO Mick Confrey, performed magnificently and the feedback was universally excellent. I make no apologies for publicising it!

If you’ve never used it a product named ‘Mentimeter’ captures and analyses performance feedback and on this occasion captured it in the following image:

Always lovely to end the week positively, never more so than when the sun is also shining!

Have a great weekend.

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Intersol Global Partner With Thinking Audit to Deliver Training and Associated Services https://www.intersolglobal.com/intersol-global-partner-with-thinking-audit-to-deliver-training-and-associated-services Thu, 28 Mar 2019 16:40:37 +0000 https://www.intersolglobal.com/?p=1897 Intersol Global Partner With Thinking Audit to Deliver Training and Associated Services Thinking Audit is a fresh and dynamic approach to the profession so it was inevitable that after initial meetings it has been decided to fuse their technical audit skills with the ‘softer’ skills of Intersol. Watch this space for the launch of a…

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Intersol Global Partner With Thinking Audit to Deliver Training and Associated Services

Thinking Audit is a fresh and dynamic approach to the profession so it was inevitable that after initial meetings it has been decided to fuse their technical audit skills with the ‘softer’ skills of Intersol.

Watch this space for the launch of a series of training events that will deliver something truly unique, innovative, and stimulating for the profession.

By all means drop us a line at info@intersolglobal.com if you’re curious about how we can jointly benefit the profession, saving time, money and reducing risk.

AUDIT FUSION – Coming soon!

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More than half of UK students say they have faced unwanted sexual behaviour https://www.intersolglobal.com/more-than-half-of-uk-students-say-they-have-faced-unwanted-sexual-behaviour Tue, 26 Feb 2019 16:30:14 +0000 https://www.intersolglobal.com/?p=1255 “More than half of UK students say they have faced unwanted sexual behaviour” (Ack: The Guardian 26/2/19, link to article to follow) The team at Intersol Global have been working with UK Universities for a little over 2 years now so it’s not unusual to follow this reporting with interest and be much better placed…

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“More than half of UK students say they have faced unwanted sexual behaviour”
(Ack: The Guardian 26/2/19, link to article to follow)

The team at Intersol Global have been working with UK Universities for a little over 2 years now so it’s not unusual to follow this reporting with interest and be much better placed to pass comment from a much more informed perspective.

We thought long and hard before including the featured image at the head of this article (acknowledgements to Roehampton Uni) but encountering the term “F*C* A FRESHER WEEK” here in the UK recently during an investigation satisfied the author of its appropriateness. Similarly an informal social conversation with a first year student who casually advised that her common experience in Manchester nightclubs was running a gauntlet of breast and bottom ‘squeezing’, behaviour that was normalised apparently.

Similarly the experience of students vulnerable, by way of power imbalance and quest for results, to the ‘unwanted overtures’ of university hierarchy all too frequently buried behind the cloak of NDA’s, confidentiality agreements, and pay offs, no different to the experience within sport, religion, or public sector.

No longer can this be acceptable. To ‘bury’ this conduct and ‘move the offender on’ to another institute simply creates more victims. Instances must not be tolerated and should be robustly investigated by external experts, not entrusted to compromised internal managers with NO expertise of investigation.

The university context is complex, consisting of serious misconduct student v student, staff v staff, staff v student, and student v staff, all overlaid by 140 different discipline regulations, Statute 18, staff misconduct regs, let alone professional bodies with safeguarding responsibilities – the investigation and case management is often simple, it’s the context that’s complex and it’s taken us 2 years to be anywhere nearing mastering that complexity!

At Intersol Global we are delighted to be supporting an increasing number of institutes with their serious misconduct investigations and our early experience is that as an external resource most investigations can be completed in days (not weeks, months, years). Consider the impact on not only the ‘reporting’ person but equally importantly on the ‘reported’ person of an investigation lasting years before an outcome, in one case the reported person only received case papers the night before a discipline hearing over a year after the initial complaint.

One evidenced case study of Return on Investment (ROI) supports a view that for every £1 invested at the ‘front end’ of investigation £50 would have been saved at the ‘back end’, those figures NOT including reputation and brand damage.

Many institutions have laudably employed ex-police as their specialist investigators on the (occasional false) assumption of competency. Others will persist in ‘in-house’ investigation and case management putting undue pressure on already distressed and overworked middle-managers.

We offer an alternative and can support you to support your staff and students for less than £1pp per year. If you’d like to know how please contact us for more information at info@intersolglobal.com

Link to The Guardian article here: https://www.theguardian.com/education/2019/feb/26/more-than-half-of-uk-students-say-they-have-faced-unwanted-sexual-behaviour?utm_term=RWRpdG9yaWFsX0d1YXJkaWFuVG9kYXlVS19XZWVrZGF5cy0xOTAyMjY%3D&utm_source=esp&utm_medium=Email&utm_campaign=GuardianTodayUK&CMP=GTUK_email

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Criminal Procedure and Investigation (C.P.I.A.) Act 1996 Training – Case Study https://www.intersolglobal.com/criminal-procedure-and-investigation-c-p-i-a-act-1996-training-case-study Mon, 25 Feb 2019 15:33:50 +0000 https://www.intersolglobal.com/?p=1250 Criminal Procedure and Investigation (C.P.I.A.) Act 1996 Training – Case Study.   Requirements Against a background of well-documented recent miscarriages of justice resulting from investigation disclosure shortcomings a national regulator identified a C.P.I.A. training need for employees. Recent examples include: https://www.gardencourtchambers.co.uk/prosecution-case-collapses-in-the-face-of-serious-disclosure-failings/ and https://www.bbc.co.uk/news/uk-43923056 The corporate cost of failed investigations as a result of poor disclosure…

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Criminal Procedure and Investigation (C.P.I.A.) Act 1996 Training – Case Study.

 

Requirements

Against a background of well-documented recent miscarriages of justice resulting from investigation disclosure shortcomings a national regulator identified a C.P.I.A. training need for employees.

Recent examples include: https://www.gardencourtchambers.co.uk/prosecution-case-collapses-in-the-face-of-serious-disclosure-failings/ and https://www.bbc.co.uk/news/uk-43923056

The corporate cost of failed investigations as a result of poor disclosure practice and the damage to reputation is incalculable.

When asked, practitioners included the following needs, concerns, and expectations as paramount to the training they wanted:

  • When and how to reveal e-mails generated during an investigation
  • Finding disclosure confusing with regard to what is required of the disclosure officer
  • Being uncertain how much information to put on the schedule
  • Conflicting information from colleagues about disclosure
  • How to manage material that undermines the prosecution case, should it be ‘flagged’ and revealed later when submitted with other material?
  • Having a better understanding of the roles and responsibilities of a disclosure officer
  • Dealing with confusion about how disclosure should be done
  • ‘Anything and everything’, but in particular how much information should be included on the schedule
  • To update and refresh existing knowledge (ex-police & experienced disclosure officer)
  • When to start recording information and when to disclose (reveal) to the prosecutor

Solution

Intersol designed, piloted, and delivered a one-day programme for the regulator that met the foundation training needs of all those with investigative responsibilities and which will form the basis of a 2 day specialist course for lawyers, in-house counsel, and disclosure officers.

Design and delivery focussed on learners needs with the aims, objectives and learning outcomes delivered by a subject matter expert using practical blended learning tools including a ‘Disclosure Workbook’ (pictured) to provide reference points and facilitate incremental learning.

 

 

Outcomes

After delivery of the first course, feedback couldn’t be better summarised than by the following sentiments at the conclusion of training, the first example of which speaks for itself and says it all:

“…Just wanted to let you know what a brilliant job (the trainer) did today providing disclosure input to us. I’ve had disclosure ‘training’ a few times over the years and thought I had a ‘reasonable’ handle on it but today’s training has proved that I didn’t really… I’m pleased to say that I (along with a number of my colleagues) now feel truly enlightened and capable! Thanks a million, like the investigative interview course already provided, it’s top notch, trainers, materials and course content! Thanks”. (Ex-police investigator now employed by ‘the regulator’).

Other feedback included:

“…excellent, really well presented, questions met with clarity, I gained a huge amount”

“…what a great course and very helpful”

“…got exactly what I needed, and more, from the course”

“…the contribution of this training to case management will make a real difference”

 

 

For more information about Foundation and Advanced Disclosure training or other investigation training or operational support please email info@intersolglobal.com

 

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