Writing the Best Reports

Skills for Effective InvestigationsToronto, January 22-24, 2012

Ellen Fry, January 24, 2012

Parameters

• Complaint investigation reports– Closing letter, full report, decision and reasons

• Valid and invalid complaints• Not systemic investigations or annual reports• Confidential or public • For Investigator’s or Ombudsman’s signature

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Why Write a Report? • Communicate the results of the investigation

• Explain the investigation process

• Explain how you reached the results

• Build confidence in the investigation process

• Confirm your analysis

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Who is the Audience?

Possibilities:• The parties and their counsel• Other stakeholders and the public• The media• A reviewing body

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Main ElementsContent: The informationOrganization: How you arrange the informationPresentation: How you write/format the information

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Content1. Issue(s)

2. Applicable rules

3. Investigation process

4. Analysis of the issues

5. Conclusion

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Issues

“If you don’t know where you are going, you will wind up somewhere else.

Yogi Berra

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Issue(s) • Clear analysis needs clear issues statement

• Complainant may not state issues clearly

• Parties may understand issues differently

• Explain why any issues weren’t investigated

• Always cover issues in the same order

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Rules• Ombudsman’s authority to investigate• Basis to assess validity of the complaint • Legislation, regulations, policy, procedures,

ombudsman terms of reference, etc.• Clear analysis needs clear statement of the

rules • Quoting normally better than paraphrasing

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Investigation Process

• Obvious to investigator but not to the reader

• Communicates– Thoroughness– Fair process– Time required for investigation– Good use of budget

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Investigation Process (cont’d)

• Choose degree of detail to describe– Witnesses and other sources of evidence– Procedural steps

• Consider putting detail into appendices• Indicate if process differed for different

issues Writing the Best Reports, Ellen Fry January 24, 2012 11

Analysis• Connect the dots

• Crucial to go step by step

• Cover issues separately

• How you reached the logical conclusion after considering the evidence and arguments

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Analysis (cont’d)• Evidence you considered• How you assessed the evidence

– Quality– Gaps– Inconsistencies– Credibility

• How you addressed the parties’ arguments

Conclusion

• Good analysis leads to a logical, natural, inevitable conclusion

• State a separate conclusion for each issue

• BE 200% CLEARWriting the Best Reports, Ellen Fry January 24, 2012 14

Recommendations• Part 2 of the Conclusion (valid complaints)

• Mini-analysis for each recommendation– Rules – Step-by-step analysis – Address any views of the parties

• BE 200% CLEAR

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Organizing the Report• No single “perfect” model• Basic principles:

– Clear structure – FOLLOW IT – Address issues individually

• Avoid at all costs:– Content in the wrong place – “Blob” effect in the Analysis section

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Choosing a Template• Consider audience, subject matter, e.g. need

for Executive Summary, Chronology

• Some offices have standard templates– Predictability for readers, efficient editing– May be very general

• Sample templates attached

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The Magic of Outlines

• Help organize text

• Enable a “one-write” system for case summaries, briefing notes, reports etc.

• Help avoid writer’s block

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Heading(s) for Success• Headings/sub-headings = readers’ map

• Use generously

• Use to separate material on different issues

• Choices depend on subject matter

• Outline can become headings & sub-headings

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Heading/Sub-Heading ExampleHeading: Investigation Process

Sub-Headings:1. Persons Interviewed2. Documents Reviewed3. Physical Evidence4. Expert Reports

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Heading/Sub-Heading ExampleHeading: Ombudsman’s AnalysisSubheading: : Issue #1: Did Organization X Follow Procedures?Sub-subheadings:

(a) The Evidence(b) The Arguments(c) Analysis of Evidence and Arguments

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It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way – in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.

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Not a Novel• Charles Dickens, A Tale of Two Cities• Great reports differ from great literature

– Negatives: Long flowing sentences, deep metaphors, philosophical musings, drama, poetic language

– Positives: Consistency, clarity, objectivity, plain, direct, neutral language

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If Dickens Were Writing a Report…

This was a period of major contrasts, with wide variations in wisdom, religious belief, hope and outlook for the future. In other words, it was so similar to today that some prominent experts considered it could only be described in extreme terms. (41 words; 2 sentences, vs. 119 words, 1 sentence)

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Presentation Basics• Many good styles that fulfill basic principles• Best presentation is influenced by

– Subject matter– Audience– Office practices– Preferences of person signing

• Editors are not a magic solution

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“Excellent skills in written comunication is required.”

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ABCs• Correct spelling and grammar are essential

• Sources of help– Spellcheck– Dictionaries– Editors – Competent friends

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Decorum

“The Complainant contradicted himself left right and centre and lied through his teeth.”

“The Complainant contradicted himself many times and made untrue statements”

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The Facts, Just the Facts“Organization X plunged the Complainant into a period fraught with unbelievable stress and financial hardship.”

“Organization X caused the Complainant a period of very great stress and financial difficulty.”

• Use neutral language, not drama, emotion

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“Department Q provided records such as correspondence logs and employee notes. Employees stated that all records were created immediately and could not be altered.

The Ombudsman also reviewed various documents provided by the Complainant.”

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Parallel Tracks“Department Q provided copies of records such as correspondence logs and employee notes. Employees stated that all records were created immediately and could not be altered.

“The Complainant provided copies of correspondence and diary notes. She stated that she made all diary notes immediately and did not change them.”

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Tell It Like It Is

“I used a multitined tool to process a starch resource.” (Dilbert)

I used a fork to eat a potato.

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Simplify Life“The process with respect to which the complaint was made cannot be found to have been conducted contrary to the requirements set out in the Procedures Code”

“The process that is the subject of the complaint did not violate the Procedures Code”

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Not My Problem?“The Complainant argued that the interpretation was based on a faulty use of the English language.”

“The Complainant argued that the interpretation

(a)Was incorrect (b)‘Was based on a faulty use of the

English language’ ” Writing the Best Reports, Ellen Fry January 24, 2012 34

No Eses, Please

• Avoid legalese, bureaucratese, acronyms, unnecessary technicality

• Exception: Where normal usage for all parties

• Explain meaning where use is unavoidable

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Article 501(b) of the AIT provides that Chapter Five applies to measures adopted or maintained by a Party relative to any of its entities listed in Annex 502.1A, where a procurement dealing mainly with services has a value greater than this amount. This contract is therefore a designated contract, and the Complainant is a designated supplier within the meaning of section 30.1 of the CITT Act.

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Article 501(b) of the AIT provides that Chapter Five applies to measures adopted or maintained by a Party relative to any of its entities listed in Annex 502.1A, where a procurement dealing mainly with services has a value greater than this amount. This contract is therefore a designated contract, and the Complainant is a designated supplier, within the meaning of section 30.1 of the CITT Act.

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“The Complainant provided hundreds of pages of documents, in six different envelopes over six months, and sent them by Priority Post, for which she kept the receipts, but after telephoning Organization X several times, she discovered that despite her efforts Organization X did not have her documents.”

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Short and Sweet“The Complainant provided hundreds of pages of documents, in six different envelopes, over six months. She sent the documents by Priority Post, for which she kept the receipts. However, after telephoning Organization X several times, she discovered that despite her efforts, Organization X did not have her documents.”

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“The complainant alleged that the Organization used an improper evaluation process, by accepting a bidder associated with a consultant who performed work that was used to define the second project for implementing the Program described in the Request for Proposal in Location X and for establishing strategies for delivery and developing an important part of the terms of reference for the second project, as the author of StudyY.”

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The complainant alleged that the Organization used an improper evaluation process by accepting a bidder associated with Consultant Q. This is because Consultant Q performed work that was used

(a) to define the second project for implementing the Program described in the Request for Proposal in Location X; and

(b)as the author of Study Y, for establishing strategies for delivery and developing an important part of the terms of reference for the second project.

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“Considering the Department’s negotiations with Consultant X, contrary to Clause 3.2 of Procedure Y, and considering the degree to which the Complainant and the integrity of the Departmental process have been prejudiced, and the seriousness of the deficiency found in the process, the Ombudsman recommends that the Department undertake negotiations with the Complainant to attempt to resolve the process issues.”

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Considering(a) The Department’s negotiations with Consultant Y,

contrary to Clause 3.2 of Procedure Y;(b)The degree to which the complainant and the

integrity of the Departmental process have been prejudiced; and

(c) The seriousness of the deficiency found in the process

The Ombudsman recommends that the Department undertake negotiations with the Complainant to attempt to resolve the process issues.

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“The Complainant filed documents in April. In May he received a notice requiring more documents. He called to protest. He went to see the Department in July. In October he sent in more documents. In December the Department sent a notice saying it still required documents. In January he filed this Complaint.”

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Silver Bullets• “The Complainant filed documents in April • In May he received a notice requiring more

documents. He called to protest. He went to see the Department in July.

• In October he sent in more documents. In December the Department sent a notice saying it still required documents.

• In January he filed this Complaint.” Writing the Best Reports, Ellen Fry January 24, 2012 45

Consistency The Complainant alleged that the Organization

– Acted unfairly– Acted inappropriately– Violated its fairness procedures– Was prejudiced against the Complainant

• How many complaints are there?• Consistent terminology makes this clear

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Best Left Unsaid“This means, in other words, that the Department’s conduct violated Regulation X”

“Based on the evidence on the file, the complaint is not valid”

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Best Left Unsaid

“The Ombudsman considered carefully all the evidence and the positions of the Parties”

“I’m for abolishing and doing away with redundancy”

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Tell Me Why“The Complainant complained that he sent many letters to Organization X and did not receive a response. The Complainant provided copies of some letters. Organization X provided file notes that did not indicate any letters. The Ombudsman therefore concludes that the complaint is invalid.”

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Gap-Filling Possibility• Complainant did not provide receipts for

alleged traceable mail • Complainant’s evidence had many

inconsistencies• Org X’s file notes were reliable because…• Therefore Ombudsman accepts Org X’s

evidence re letters and complaint is invalid Writing the Best Reports, Ellen Fry January 24, 2012 50

The Truth, the Whole Truth…

• Address all the evidence and arguments

• Resist temptation to ignore– Evidence inconsistent with the conclusion– Illogical or irrelevant arguments

• Show parties (and any reviewing body) that you considered all the material

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Getting Personal“The Complainant is an unemployed 45 year old male, who has a wife and two children and formerly worked at Rich and Co. Ltd. He alleges that Organization X lost his documents, did not return his phone calls and referred him to out-of-date procedures.”

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Getting Personal• Personal information often not relevant• If relevant, detail often not required“The Complainant alleges that Organization X lost his documents and did not return phone calls. [He states that because he was unemployed, he called Organization X many times during business hours] ”

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Commercial Confidential“The Complainant is a consulting firm with 2010 earnings of $10.5 million. The Complainant alleges that because the Department did not act appropriately, its 2011 earnings decreased to $9.5 million dollars.

• How preserve confidentiality but write a meaningful report?

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Probing Confidentiality

• Is the information truly confidential?

• Confidential from whom?

• How much information is confidential?

• How much confidential information is required for the analysis?

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Writing Around Confidentiality• Generalize, e.g.

– “The Complainant’s earnings decreased considerably in 2011.”

– “The Complainant suffered significant financial harm.”

• Cross-reference, e.g. – Footnote: “Confidential financial statements

showed the amount of the decrease in earnings.”Writing the Best Reports, Ellen Fry January 24, 2012 56

Confidential Procedures• Complaint: Department X violated its own

procedures

• Conclusion: The complaint is valid because Department M violated Procedure M

• Problem: Department X could not operate effectively if Complainant or public knew contents of Procedure M

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Confidential Procedures cont’dPossible Solution“The Ombudsman has reviewed Procedure M and concludes that Department X violated section 3.”

Footnote: “Department X states that it must keep Procedure M confidential in order to operate effectively” Writing the Best Reports, Ellen Fry January 24, 2012 58

Slash and Burn

Edit ruthlessly• Read and re-read

• Proofread, proofread, proofread

• Test on a competent colleague

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Omniscient Ombudsman Report

• What are the problems with this (highly fictitious) report?

• How could they be corrected?

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