writing the best reports
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Writing the Best Reports. Skills for Effective Investigations Toronto, January 22-24, 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 - PowerPoint PPT PresentationTRANSCRIPT
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
Writing the Best Reports, Ellen Fry January 24, 2012 2
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
Writing the Best Reports, Ellen Fry January 24, 2012 3
Who is the Audience?
Possibilities:• The parties and their counsel• Other stakeholders and the public• The media• A reviewing body
Writing the Best Reports, Ellen Fry January 24, 2012 4
Main ElementsContent: The informationOrganization: How you arrange the informationPresentation: How you write/format the information
Writing the Best Reports, Ellen Fry January 24, 2012 5
Content1. Issue(s)
2. Applicable rules
3. Investigation process
4. Analysis of the issues
5. Conclusion
Writing the Best Reports, Ellen Fry January 24, 2012 6
Issues
“If you don’t know where you are going, you will wind up somewhere else.
Yogi Berra
Writing the Best Reports, Ellen Fry January 24, 2012 7
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
Writing the Best Reports, Ellen Fry January 24, 2012 8
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
Writing the Best Reports, Ellen Fry January 24, 2012 9
Investigation Process
• Obvious to investigator but not to the reader
• Communicates– Thoroughness– Fair process– Time required for investigation– Good use of budget
Writing the Best Reports, Ellen Fry January 24, 2012 10
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
Writing the Best Reports, Ellen Fry January 24, 2012 12
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
Writing the Best Reports, Ellen Fry January 24, 2012 15
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
Writing the Best Reports, Ellen Fry January 24, 2012 16
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
Writing the Best Reports, Ellen Fry January 24, 2012 17
The Magic of Outlines
• Help organize text
• Enable a “one-write” system for case summaries, briefing notes, reports etc.
• Help avoid writer’s block
Writing the Best Reports, Ellen Fry January 24, 2012 18
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
Writing the Best Reports, Ellen Fry January 24, 2012 19
Heading/Sub-Heading ExampleHeading: Investigation Process
Sub-Headings:1. Persons Interviewed2. Documents Reviewed3. Physical Evidence4. Expert Reports
Writing the Best Reports, Ellen Fry January 24, 2012 20
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
Writing the Best Reports, Ellen Fry January 24, 2012 21
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.
Writing the Best Reports, Ellen Fry January 24, 2012 22
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
Writing the Best Reports, Ellen Fry January 24, 2012 23
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)
Writing the Best Reports, Ellen Fry January 24, 2012 24
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
Writing the Best Reports, Ellen Fry January 24, 2012 25
“Excellent skills in written comunication is required.”
Writing the Best Reports, Ellen Fry January 24, 2012 26
ABCs• Correct spelling and grammar are essential
• Sources of help– Spellcheck– Dictionaries– Editors – Competent friends
Writing the Best Reports, Ellen Fry January 24, 2012 27
Decorum
“The Complainant contradicted himself left right and centre and lied through his teeth.”
“The Complainant contradicted himself many times and made untrue statements”
Writing the Best Reports, Ellen Fry January 24, 2012 28
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
Writing the Best Reports, Ellen Fry January 24, 2012 29
“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.”
Writing the Best Reports, Ellen Fry January 24, 2012 30
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.”
Writing the Best Reports, Ellen Fry January 24, 2012 31
Tell It Like It Is
“I used a multitined tool to process a starch resource.” (Dilbert)
I used a fork to eat a potato.
Writing the Best Reports, Ellen Fry January 24, 2012 32
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”
Writing the Best Reports, Ellen Fry January 24, 2012 33
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
Writing the Best Reports, Ellen Fry January 24, 2012 35
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.
Writing the Best Reports, Ellen Fry January 24, 2012 36
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.
Writing the Best Reports, Ellen Fry January 24, 2012 37
“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.”
Writing the Best Reports, Ellen Fry January 24, 2012 38
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.”
Writing the Best Reports, Ellen Fry January 24, 2012 39
“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.”
Writing the Best Reports, Ellen Fry January 24, 2012 40
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.
Writing the Best Reports, Ellen Fry January 24, 2012 41
“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.”
Writing the Best Reports, Ellen Fry January 24, 2012 42
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.
Writing the Best Reports, Ellen Fry January 24, 2012 43
“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 44
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
Writing the Best Reports, Ellen Fry January 24, 2012 46
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”
Writing the Best Reports, Ellen Fry January 24, 2012 47
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”
Writing the Best Reports, Ellen Fry January 24, 2012 48
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.”
Writing the Best Reports, Ellen Fry January 24, 2012 49
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
Writing the Best Reports, Ellen Fry January 24, 2012 51
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.”
Writing the Best Reports, Ellen Fry January 24, 2012 52
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] ”
Writing the Best Reports, Ellen Fry January 24, 2012 53
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?
Writing the Best Reports, Ellen Fry January 24, 2012 54
Probing Confidentiality
• Is the information truly confidential?
• Confidential from whom?
• How much information is confidential?
• How much confidential information is required for the analysis?
Writing the Best Reports, Ellen Fry January 24, 2012 55
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
Writing the Best Reports, Ellen Fry January 24, 2012 57
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
Writing the Best Reports, Ellen Fry January 24, 2012 59
Omniscient Ombudsman Report
• What are the problems with this (highly fictitious) report?
• How could they be corrected?
Writing the Best Report, Ellen Fry, January 24, 2012 60