Commissioning an external investigator: the practical brief

Provide a useful initial outline

Use the website form to request contact without including matter details. In the initial discussion, explain the requirement, relevant jurisdiction, known deadline and the decision the information will support. Identify whether the immediate need is a complete investigation or a contained task. Supporting records should follow through agreed handling arrangements. The initial discussion should establish how conflicts, capability and authority will be assessed before sensitive material is transferred.

Confirm who will do the work

Identify the proposed investigator, the authorised instructing person and the reporting line. Discuss the experience and capability needed for the actual matter, including any jurisdictional or specialist requirements. An external appointment does not automatically resolve a conflict. The arrangement needs to be assessed against the people and issues involved. If another provider will undertake part of the work, clarify their role, responsibility and reporting before the scope is settled.

Put the questions and deliverables in the brief

Specify the material issues, available records, proposed methods and intended output. A witness statement, chronology, source review and full investigation report are distinct deliverables. Agree how witness review and corrections will be handled and which supporting records should accompany the report. State any requirements for briefing the instructing team. This gives both parties a common basis for assessing whether the agreed assignment has been completed.

Agree commercial and scope controls

Clarify the fee arrangement, any agreed cap, the assumptions behind the scope and who can approve additional work. Discuss how the investigator will communicate material gaps, unavailable witnesses or evidence that raises new questions. A requested deadline should be considered alongside the enquiries required and source availability. Establish how changes to timing, cost or deliverables will be discussed and recorded, rather than allowing the brief to expand informally.

Plan the information transfer and handover

Agree how supporting material will be supplied and who may receive the final output. The handover should make statement status, source references, analysis and limitations clear. Identify whether a final briefing is required and how outstanding questions will be raised. The first enquiry is a scope discussion. Investigative activity begins under the agreed engagement. Where the immediate question is narrow, a defined statement, chronology or evidence-gap review may provide a practical starting point.

About this guidance.

Practical commissioning guidance. The appropriate process depends on the matter, instructions and applicable requirements.

Further reading.