How to handle trauma-informed investigations

Investigations by their very nature can be complex undertakings, particularly if you are dealing with matters of a sensitive nature. How do you handle investigations where someone has been traumatised by their experience?

Following the recent publication of the Equality and Human Rights Commission (EHRC)’s technical guidance on sexual harassment in the workplace, we have considered its impact on carrying out investigation and whether you are able to carry out an investigation with someone who has been traumatised?

What does the guidance say about investigations?

• Thorough investigations: investigate all complaints promptly and thoroughly, ensuring impartiality and confidentiality
• Training: ensure that those conducting investigations are trained in handling sensitive issues and understanding the impact of trauma.

This involves a consideration of trauma-informed investigations. What does that mean?

A trauma-informed investigation prioritises understanding and mitigates the potential re-traumatisation of the individuals involved, while maintaining the integrity and fairness of the process. This approach is particularly vital in workplaces or organisations where individuals may have experienced distressing events, such as harassment, discrimination, or violence.

Key steps to prioritise understanding and mitigate any further re-traumatisation

1. Prepare with empathy: investigators need to consider the effects of trauma, including its psychological and physiological impacts. As part of that preparation, it’s important to understand that trauma can affect memory recall, emotional regulation, and communication.
2. Create a safe environment: This is about ensuring the physical and emotional safety for all parties. Conduct interviews in private, neutral settings, and take time to communicate clearly about the process, expectations, and confidentiality.
3. Use a person-centred approach: Prioritise the well-being of the individual. Listen actively and non-judgmentally. Be patient during an interview and allow for pauses or breaks if the person becomes overwhelmed.
4. Adapt interview techniques: Using open-ended, non-leading questions are a key skill for any investigator. When considering someone who has experienced trauma, consider how to adapt those questions to avoid triggering distress. For example, instead of asking “Why didn’t you report this earlier?” ask, “Can you share what led to your decision to report this now?”.
5. Minimise repetition: Avoid asking the individual to recount their experience multiple times, as this can compound distress. Record information accurately and share it only with those who need to know.
6. Acknowledge and normalise responses: Understand that emotions such as anger, fear, or withdrawal are common trauma responses.
7. Ensure transparency and support: Clearly communicate next steps and check in with the individual regarding their ability to access support, signposting to relevant resources, such as counselling or employee assistance programmes.

This is the approach that our experienced investigators at Narrow Quay HR take when we carry out investigations where the interviewee may have been traumatised by events that they have experienced. We can also provide training on how to carry out trauma-informed investigations.

If you would like to discuss training opportunities or would like some support in carrying out a trauma-informed investigation, please contact Simon Martin in our team on 07384 813 076.