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Conducting Workplace Investigations: Best Practices for Interviewing Vulnerable Individuals

Workplace investigations in sectors such as child protection, disability support and aged care are inherently complex and sensitive. These sectors often require interacting with and interviewing vulnerable individuals, including children, the elderly, and people with disabilities or intellectual impairments. Ensuring the safety and well-being of these individuals during the investigation process is paramount, requiring specific approaches and techniques tailored to their unique needs. Moreover, obtaining information from these individuals in a fair and appropriate manner is crucial for maintaining the integrity and accuracy of the investigation.


Vulnerable individuals may face increased challenges in understanding, recalling, and communicating about events. This can make them particularly susceptible to misunderstanding, miscommunication, or undue stress during an investigative interview. Consequently, investigators must be trained and equipped with the skills necessary to handle such interviews with the utmost care and sensitivity.

 

Interviewing

Strategies to Overcome Interviewing Challenges:

 

To address the challenges of interviewing vulnerable individuals, investigators can employ a range of strategies designed to facilitate clear communication, build trust, and create a supportive environment. These strategies help overcome the inherent difficulties in such interviews, ensuring that the process is both ethical and effective.


Utilise Open-Ended Questions


Open-ended questions are invaluable for encouraging detailed, narrative responses. They help avoid leading the interviewee toward a specific answer and minimise the risk of introducing bias into the investigation. When individuals are allowed to express themselves freely, their responses are more likely to reflect their true experiences and feelings rather than being influenced by the interviewer’s expectations. Open questions prompt individuals to provide more comprehensive and detailed responses, so it is important to avoid interrupting the person while telling their story.


Examples of open-ended questions:


  • "Can you tell me more about...?"

  • "Describe what happened next?"

  • “How did that make you feel?”

  • “What did you do next?”


Transition to Specific Non-Leading Questions When Necessary


If an individual struggles to provide details using open-ended questions, gently transition to specific non-leading questions (who, what, when, where, how). These questions help fill gaps in information without imposing answers or leading the interviewee. You can couple these questions with an open one and link it to prior details in their account.


Example:


If it challenging to get the interviewee on to the relevant topic, you might ask:


“Can you tell me what you have come to talk about with me today?”


If it is necessary to raise prior information, it is important to avoid suggesting wrongdoing so as not to lead the interviewee. You might ask:


“I heard that you told [person who received the initial report/complaint from the interviewee] something about [person subject of the complaint]. Can you tell me what you said?”


Avoid Closed and Leading Questions


Closed questions, such as those requiring yes or no answers, and leading questions, which suggest or imply a particular answer, should be avoided or minimised. They can restrict information flow and potentially contaminate the integrity of the interviewee's responses.

In certain contexts, such as during pre-interview questioning, there may be a need to use closed questions like, "Do you agree to have this interview electronically recorded?" These types of questions serve specific purposes in clarifying consent or procedural matters. However, it is crucial to avoid creating a pattern of yes-or-no questions, as they can inadvertently lead the interviewee into a repetitive pattern of responding with yes-or-no questions. People tend to fall into a pattern of simply continuing to answer "yes" or "no" if they start with these responses. Therefore, after any initial closed questions, shift to more general open-ended questions to break any potential pattern. This approach helps to reset the interviewee's response style, encouraging them to provide more detailed and thoughtful answers.


Adapt Questioning to Suit Individual Needs


Recognise that each vulnerable individual may respond differently. Some may benefit from a mix of open-ended and specific questions, while others may require patience and encouragement to articulate their thoughts.


An effective strategy for recognising and understanding an interviewee’s response style is to start with a practice narrative before introducing the topic of concern. This will also provide an opportunity to build rapport with the interviewee.


Example:


You might ask:


“Can you tell me a little about yourself so I can get to know you better? What do you like to do for fun?”


This strategy will allow you to evaluate the interviewee's responses and determine the interview style that best suits their needs.


Establish Trust and Comfort


Building rapport is crucial. Create a comfortable environment, reassure confidentiality, and demonstrate empathy throughout the interview. This helps reduce anxiety and encourages openness. It is important that the interviewee knows who you are, the purpose of the interview, and how their information will be recorded and used.


Example:


Greet the interviewee by name and express your gratitude for their time.


“Hi, David. Thank you for talking with me today.”


Introduce yourself and your role:


“My name is [your name], and I work for [where you work/your department]. It is my job to talk to people about [general reason why the interview is taking place].”


If the location is unfamiliar to the interviewee, clarify where you are:


“This is a private place where we can talk together; when we are finished, I will make sure you get back to [wherever the interviewee will be going or to whom]."


Inform the interviewee about who will have access to the information they provide:


“What we talk about today will help me understand what has happened. I will use this information to write a report that will be given to [who will have access to the report/interview recording, notes, or transcript]. Are you okay with this?”


Set conversational rules


Depending on the interviewee’s level of understanding, it may be beneficial to ensure they understand how to respond and how the interview will take place.


It is important that the interviewee knows they can take a break whenever they feel like it, and all they have to do is ask. It is also important that they understand that they should not guess or make something up if they do not know something or cannot remember it.

 

Example:


You might say:


“If I ask you something you don’t understand, you can say ‘I don't understand'".


“If I ask you something that you don’t know the answer to, you can say ‘I don’t know’, that is okay"


"If I say something that is wrong, please tell me because I don’t know what has happened"


It may be beneficial to clarify with the interviewee, particularly children:


“We only want to talk about things that really happened and are true”.


You may evaluate the interviewee’s understanding by asking a question like:


“I drove my car here today. It is parked outside. If I told you I caught a plane here, would that be the truth or a lie?”


Recording and Documenting the Interview


It is preferable to record interviews with vulnerable people electronically with consent from the interviewee and their next of kin or guardian. This ensures a verbatim record of what was said. It is important to understand that vulnerable people may be more inclined to express themselves visually, such as through pointing. So, it is important that the interviewer describes any actions on the recording.


Example:


If the interviewee points to a particular part of their body or to an object, you might say:


“Can you tell me what you just pointed to?”


If the interviewee gestures because they were not able to accurately describe something, you might say:


“What you did there was [describe gesture], is that right?”


It is important to consider the interviewee's privacy and who will have access to the recording. Consider what you are investigating. If the nature of the investigation is highly sensitive or poses a risk to the interviewee, recording may not be appropriate.


Consider Supportive Measures


In most cases, it is preferable to have a support person present for the interviewee. A support person plays a crucial role in offering emotional support and protecting against unfair practices. Ideally, the support person should not be involved in the investigation. The investigator should ensure appropriate screening is conducted to safeguard the interviewee's safety and ensure the integrity of the process.


Review and Improve Techniques Continuously


Reflect on each interview to identify areas for improvement. Adjust techniques based on feedback and evolving best practices in investigative interviewing.



At RiskWise, our consultants are highly trained in conducting sensitive investigations and interviewing vulnerable individuals. We also offer specialised training in investigative interviewing techniques tailored for handling delicate situations with professionalism and empathy. If you require support in this area, contact us today.


Author: RiskWise Director Ryan Ford is a highly trained former criminal investigator with specialised skills in investigative interviewing with vulnerable people. He has extensive experience conducting investigations in the child safety, disability support, and aged care sectors. Ryan is also a conflict coach, trained in conflict resolution techniques. This allows him to effectively navigate challenging situations and facilitate constructive dialogue, ensuring that investigations are conducted with fairness and thoroughness.

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