Section 24 Complaint of misconduct: investigationI1

This section applies where a complaint is allocated under section 21(1)(b) or 23(4)(b) as a complaint of misconduct (but not serious misconduct).

The appointment of a case assessor under section 22(4) must be made from the panel of assessors.

It is for the appointed case assessor—

If an issue such as may be specified in the rules arises during the investigation, the case assessor must seek advice from the Investigation and Tribunals Team.

The case assessor may, at any time during the investigation, seek advice from the Investigation and Tribunals Team on an issue relating to the complaint.

At any time before completing the investigation, the case assessor may refer the complaint to the lead assessor with a recommendation that it be allocated instead as a grievance or as a case of serious misconduct.

On a referral under subsection (6), the lead assessor, having complied with any requirements imposed by the rules and having had due regard to the Code of Practice, must do one of the following—

The cases in which the lead assessor may decide to take action under subsection (7)(b) include those where the lead assessor considers that the complaint—

Sections 21 and 22 apply to a decision to take action under subsection (7)(b) or (c) of this section as they apply to a decision to take the equivalent action under subsection (1)(a) or (c) of section 21.