What this means
Start with the exact decision in front of you.
At the end of an investigation the Investigator prepares a summary and analysis and invites written comments. This stage should be used to correct material errors, test the evidential chain and explain why the report supports closure, a limited disposal or referral.
Immediate priorities
Organise the position before responding.
Cross-check the report against the disclosed source documents
Identify omissions and disputed inferences precisely
Submit focused comments within the rule-based period
Detailed guidance
The procedure, evidence and possible route from here.
01
Treat the report as the decision record in development
At the conclusion of the fact-gathering stage, the Investigator prepares a report summarising the information and analysing the issues, then gives the regulated person an opportunity to comment. Read it alongside the source material. Mark every alleged fact, the document relied on and the Code provision said to be engaged. The report may shape whether the Investigator determines, rejects or refers the matter, so material errors should be answered precisely.
Distinguish an omitted fact from a disputed inference. An omitted client instruction can be corrected by producing the instruction; an inference about integrity requires explanation of why the proven conduct does or does not support it. Focus on points capable of changing jurisdiction, case to answer, seriousness or route. Stylistic disagreement with the summary should not obscure a central error in dates, authorship, privilege or the legal status of another body's decision.
- Cross-reference every material report assertion
- Separate factual correction from inferential dispute
- Prioritise points affecting the decision
02
Check procedural completeness and fairness
Confirm that the report identifies the respondent, allegations, evidence and relevant representations accurately. Review whether complainant comments or third-party information were disclosed sufficiently for a meaningful answer. If key evidence is missing, name it and explain the issue it addresses. A general complaint that disclosure is incomplete is less useful than identifying the absent email chain, court order or account ledger and its likely effect.
The usual comment period in the Rules should be read from the current notice. If a reasonable extension is needed for an inaccessible file or specialist account review, apply before expiry and propose a date. Maintain proof of service for the response. Procedural objections should be accompanied by the remedy sought, such as disclosure, correction, clarification or additional time, so the Investigator can address fairness without unnecessary delay.
- Confirm the complete allegation and evidence set
- Specify any missing material and relevance
- Request a defined procedural remedy promptly
03
Make a route-specific closing submission
Explain whether the report supports rejection, an Investigator decision, PCP referral or direct Tribunal referral. For each route, apply the relevant rule to the established evidence. If there is no realistic prospect of proving misconduct, show the weakness directly. If limited conduct is accepted, explain why a proportionate non-Tribunal disposal protects consumers and standards, without assuming the decision-maker must accept that proposal.
Preserve the final report, comments and outcome notice as one record. If referred, those documents will help define the later case and expose any change in allegation. If rejected or closed, read whether the decision concerns evidence, jurisdiction or another reason before describing it externally. A closure is not necessarily an affirmative finding that all professional conduct was satisfactory, and later declarations should use the regulator's exact wording.
- Apply the rule for the proposed route
- State the proportionate outcome and basis
- Retain the report, comments and decision together
Key questions
Keep the analysis tied to this stage.
Whether the report fairly states the evidence
Whether there is a case to answer
Which decision-maker and route should follow
Advice is provided only by the regulated firm that accepts a matter.
Common questions
Clarifying the route without assuming the outcome.
Is the Investigator's report the final disciplinary decision?
No. It informs the next decision under the Enforcement Rules. The Investigator, PCP or Tribunal may have a later role depending on the route.
Can I provide new documents with my comments?
Relevant documents may be provided, but explain their source, why they were not supplied earlier and exactly which report point they affect.
Connected guidance
Continue through the topic map.
Use the hub for the full sequence or choose the connected route that matches the notice.
Official sources
Check the material for this question.
Sources checked 19 September 2026. Rules change, so compare the current notice and linked official material and tell the operator if a citation or summary needs correction.