Factual accuracy checks
When the investigator finishes their investigation, they will write a Full Assessment report. Before that report is finalised, both the complainant and respondent can read it and check it for accuracy. This is called the Factual Accuracy Check.
The Factual Accuracy Check gives you the chance to:
- check that facts, dates and times are correct and ask for corrections
- point out if important evidence has not been considered
- say if a relevant witness has not been contacted
- raise any concerns about how the investigation was carried out
Can I use the Factual Accuracy Check to challenge the investigator’s findings?
The Factual Accuracy Check is not an opportunity to introduce new evidence or challenge the investigator’s findings, reasoning, or recommendations.
The only time you can challenge these is if the findings are ‘unreasonable or perverse.’
What does ‘unreasonable or perverse’ mean?
A report or conclusion may be unreasonable if the investigator:
- did not look at or consider important evidence
- accepted evidence without hearing what both sides had to say about it
- did not follow principles of ‘natural justice’ (for example, did not allow both sides to respond to the alleged incident)
- took into account irrelevant material such as gossip from the internet
- made conclusions that do not follow logically from the facts found
A report might be perverse if its conclusion is completely at odds with the evidence, and no reasonable investigator could have reached that conclusion.
The fact that someone else might have made a different decision does not mean the report is unreasonable or perverse.
Will I see any evidence when I get the report for the Factual Accuracy Check?
No, you will only see the draft Full Assessment report, which includes a summary of the evidence the investigator used.
Does confidentiality still apply?
Yes, confidentiality applies during and after the Factual Accuracy Check.
You may talk about the complaint with a small number of trusted people, to make sure you get the support you need, such as:
- a trade union representative
- your party whip (if you are an MP)
- your line manager
- close friends or family
Please keep this to a minimum.
Anyone you speak to must be told that:
- the complaint is confidential
- they must keep the information private
- that breaches of confidentiality may impact the investigation and the outcome of the complaint
How long do I have to reply?
You will have 10 working days to send your comments to the investigator.
If you need more time, you can ask the investigator for an extension and explain why. It is up to the investigator to decide whether to give extra time.
What happens after I reply with any comments?
The investigator will create an addendum which is a table showing what was said and what changes, if any, were made to the report. The table will include each comment that was accepted (explaining where a change has been made and why) and each comment that was rejected. The investigator might explain that the information is already in the report or that a comment is an opinion and not part of a factual report.
The investigator may also ask for more evidence or re-interview the complainant, the respondent, and any witnesses to decide whether the report should be changed.
This table is shared with the decision-making body (DMB) with the final report. You will not usually see the table until you get the final report.
If the draft report changes substantively it might need to be sent out to both parties again for a further Factual Accuracy Check.
What happens if neither party sends any comments?
If the investigator receives no comments, then they will add a paragraph to the report to explain this and they will not create an addendum.