Independent Investigations

Members of Cloisters are recognised leaders in conducting independent investigations across a broad range of sectors and professional environments. Members are regularly instructed in matters involving serious allegations, significant reputational risk and anticipated scrutiny from regulators, stakeholders, courts, tribunals and the public.

Instructions range from KC-led investigations into entire organisations, senior executives and board members, to investigations conducted by junior counsel into complex, document-heavy and sensitive complaints. Whether led by a silk supported by a team or by a junior barrister acting independently, members bring the same rigour, independence and forensic attention to detail.

Investigations frequently involve issues relating to whistleblowing, discrimination, harassment, governance, safeguarding and regulatory compliance. Reports produced by members are designed to withstand close scrutiny, including in tribunal and court proceedings.

Members are also experienced in navigating the practical and legal challenges that arise during investigations, including data protection, legal privilege, confidentiality concerns and human rights issues.

To discuss a potential instruction, please contact the clerking team: clerks@cloisters.com

  • Members are particularly valued for:

    • Analytical rigour and the ability to distil complex evidential material

    • Procedural fairness, ensuring investigative processes are robust, transparent and defensible

    • Clear, structured reporting suitable for internal use, regulatory scrutiny and litigation

    • Practical recommendations designed to deliver realistic and effective organisational change where required

    Members are regularly instructed where allegations are particularly sensitive, involve senior individuals, or carry significant reputational and regulatory implications.

  • Members regularly investigate matters involving:

    • Whistleblowing

    • Discrimination

    • Harassment

    • Bullying

    • Safeguarding

    • Governance and leadership concerns

    • Regulatory compliance

    • Professional misconduct

    • Workplace culture concerns

    • Board-level and senior executive complaints

    Members have experience dealing with all issues arising during the investigatory process, including data protection obligations, legal privilege, confidentiality issues and human rights challenges.

  • Members have been instructed across a wide range of sectors, including:

    • Charities

    • Education, including higher education and matters involving academic freedom

    • Finance

    • Law

    • Media and culture

    • Professional services

    • Politics

    • Sport

    Many instructions involve organisations facing significant public, regulatory or stakeholder scrutiny.

  • While the majority of investigations undertaken by members are confidential, recent instructions have included:

    • An independent investigation for a national charity into allegations concerning the Chair of the Board

    • An investigation for a political party into complaints of serious misconduct

    • A complex whistleblowing and discrimination investigation within the energy sector

    • An investigation into sexual harassment, bullying and discrimination allegations for an investment bank

    • An investigation into allegations of sexual harassment within a large organisation

  • Published investigations by members include:

    • Akua Reindorf KC – Report for the University of Essex concerning no-platforming and freedom of expression

    • Daphne Romney KC – Independent report into sex discrimination, harassment and bullying within the BMA

    • Rebecca Tuck KC – Independent report into antisemitism within the National Union of Students

  • Members regularly work collaboratively with instructing solicitors from the outset of an investigation, including advising on:

    • Terms of reference

    • GDPR compliance

    • Safeguarding obligations

    • Regulatory reporting requirements

    • Internal governance and control frameworks

    Where appropriate, members of the Investigations Group work in teams, enabling a cost-effective approach for instructing organisations. This can include a more junior barrister supporting the investigation through document management, note-taking and administrative functions, while senior counsel leads interviews, analysis and reporting.

  • Members also provide support following the conclusion of investigations, including:

    • Training

    • Workshops

    • Governance reviews

    • Workplace mediation

    • Organisational culture and policy recommendations

    This enables organisations to implement recommendations effectively and address issues that may have contributed to the matters under investigation.

SPECIALISMS

  • Whistleblowing complaints

  • Discrimination and harassment allegations

  • Bullying and workplace culture concerns

  • Safeguarding issues

  • Governance and leadership concerns

  • Regulatory and compliance matters

  • Internal complaints and grievance investigations

  • Senior executive and board-level investigations

Barristers specialising in this area

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