Issuu

Version: V3

Ratified by:

Quality Reference Group

Date ratified: 24/06/2025

Job Title of author:

1. Introduction

The aim of this guidance is to provide staff with a framework for writing witness statements when asked to do so. There are many reasons as to why staff are asked to produce a statement such as part of an investigation (Police, CQC, Fraud Team, Safeguarding, HR, Professional Bodies) or in response to a request from the Courts e.g. Corners or Family Court or even the Police. Responding appropriately and seeking advice from the correct team e.g. Safeguarding or Legal team is a key part of the way in which Provide Group can comply with its obligations and support staff, patients, service users, and customers within the complex Health and Social Care system in which we operate.

We also recognise that these complex systems can have weaknesses that lead to errors, some of which can have serious consequences for patients, service users, customers and staff, as well as to the reputation of Provide Group Where these errors occur, there are opportunities to learn and therefore can continually improve the quality and safety of services delivered.

This guidance can be used as a reference guide so that all staff fulfil their professional; duties as requested and know where to seek the relevant support in doing so. Staff would be expected to contact and seek advice from the relevant team before drafting and/or responding to any requests for statements.

A witness statement is a written account of events that have taken place. The purpose of a witness statement may be to provide a supporting account of an event as part of a detailed investigation. It is a legal document and therefore can be used as evidence. When statements are submitted, they may form part of a formal HR investigation and may subsequently be used within internal hearing and appeal hearing meetings but may also be used at an Employment Tribunal. When statements are submitted to the Police or Courts they may be used in Court as part of a hearing or criminal prosecution. When statements are submitted as part of a safeguarding investigation they may be used as part of a case review. A witness statement must always be a truthful and accurate account of the event.

2. Purpose

The purpose of the guidance includes the contact details for the relevant teams who are able to offer further advice and support as set out below:

• To support staff when writing a witness statement for a safeguarding event either children’s or adults contact the Safeguarding team on 03003032642 or provide.safeguarding@nhs.net if this is the case, to discuss support required

• To support staff when writing a witness statement for an HR investigation contact provide.peoplepartnering@nhs.net

• To support staff when writing a witness statement for the Police or Courts such as the Coroner’s Court contact the Contracting and Legal team on Provide.contracts@nhs.net

• To support staff for advice on who to contact in case of a direct CQC enquiry contact both the Quality and Safety team on Provide.safetyandquality@nhs.net who will link when required with the Legal team

• On request for a statement from any Professional Bodies please contact the Provide.contracts@nhs.net

• The guidance will support signposting, so staff get help and advice when required to maintain wellbeing and health.

3. Scope

This guidance applies to all staff and workers either employed by Provide Group, (including on a temporary or voluntary basis) and those holding contracts for services (contractors) with the Group.

It should be noted however, that only certain HR polices apply to both employees, workers via Workforce Solutions and contractors.

4. Duty of Candour

In the event staff are requested to write a statement because of something having gone wrong with a patient, service user, or customer’s care and treatment, Provide is committed to supporting people and understands the importance of being open and transparent in admitting mistakes and learning from them to improve the services being delivered. It is important that all those affected by an event receive appropriate support to manage the impact, including receiving a prompt explanation and a meaningful apology.

Whilst we cannot change what has happened, a caring and compassionate response is in our gift, and it is an important first step in responding to any incident. The Duty of Candour applies to every health and social care provider that the Care Quality Commission (CQC) regulates. The statutory duty of candour is a general duty for providers of Health and Social care services to be open and transparent with people receiving care from them. It is an offence for a CQC registered organisation to fail to comply with this duty. Failure to comply can result in enforcement activity ranging from Warning or Requirement Notices to criminal prosecutions and fines. QSPOL03 Being Open & Duty of Candour Policy https://provide.metacompliance.com/View/Policy/4326142

5. What is a Witness Statement

A witness statement is:

• A set of facts relating to a certain event, or events

• A legal document

• A statement with factual information (what you observed, what you heard, what you are certain took place)

• A statement must be signed and dated by the person who makes it to confirm that the contents are a truthful record of an event as recorded by the person.

If you witness an event, it is very important that you write a statement whilst it is fresh in your memory. We recognise that often statements are requested months or years after an event which is why good accurate record keeping is imperative at the time of an event. It is the responsibility of the manager on shift where the event occurred to remind all staff present to write a statement.

Within a formal HR investigation, a witness statement may be one of the following, depending upon the circumstances of the case:

1. An individual witness an event and writes their own statement of what occurred and submits this to the investigating officer, who then may or may not need to ask further questions.

2. An individual is asked to attend an investigatory meeting, and the notes of the meeting are deemed to be their statement.

3. An individual may write a statement and may also need to be interviewed so potentially there are two statements.

A statement that is signed and submitted as part of an HR process may also be used at an Employment Tribunal.

As a Provide Group employee or worker, you have a duty to comply with any internal or external investigations. In CQC, Police cases and Inquests, you might also be contacted once you have left the organisation.

When writing a witness statement, you must differentiate between the facts written in the clinical records/documents and your own recollection. A witness statement is a legal document, regardless of the circumstances it must be legible and easy to read.

6. Help and Support

Writing a statement can be a daunting task and sometimes staff may feel anxious. If you must write a statement about a service user in your care, you can always ask to see the records or documents to remind yourself of any involvement you had.

Staff requested to write a witness statement must be given enough time by their line manager to write the statement. Staff should take time when writing a witness statement and should make sure they are happy with the content and accuracy.

It is important to note that your statement should not be changed without your permission. A witness statement must always be written by the witness themselves.

In certain circumstances an interviewer e.g. Police/CQC may draft a statement based on your answers given during an interview which you will then be asked to review and sign.

Staff writing their own witness statement should keep copies and store in a safe place.

Advice can be sought from the organisation’s Human Resources Department.

Staff writing a witness statement have the right to seek advice from a professional colleague, a member of the Safeguarding team, a Union representative or Provides internal Legal team. Staff may also ask their nominated representative to read through the statement before it is submitted. External legal advice from specialist lawyers may also be accessed via Provides Legal team if required.

Within an HR process, staff may be accompanied by a workplace colleague or Trade Union rep if they wish.

7. Writing your Statement

All staff involved in the care of a patient, service user or customer when an event occurred may be asked to write a statement by the Investigating Officer/Coroner/HR

The Investigating Officer or Legal team team member will speak to the manager of the department in the first instance to arrange a suitable appointment time to meet with all the staff involved. Your line manager may request that you meet with the Investigating Officer or Legal team, and you will be given a specific allocated time. The Investigating Officer or Legal team will ask you to go through the timeline of events up to and including the event.

If you are asked to write a witness statement and you have agreed to do so, a witness statement template (Appendix 1) must be used or for any statements relating to an Inquest, statement template (Appendix 2) must be used. Before you start to write the statement, carefully think about the events and follow the principles of record keeping and clear written communication. Witness statements are designed to relate to factual information; they should be about what you saw and what you know took place. Remember to take your time to write the statement and make sure you are happy with the content and accuracy.

The Investigating Officer or Legal team will read the statement and may ask you questions about it.

All witness statements should include the following:

• Job Title

• Place of Work

• Date

• Signature

• Main responsibilities of the witness’ role

• A chronological narrative of events, approximate timings, names and places.

The witness should remember to write clearly:

• The time they were on or off duty on the day/s in question

• Give brief details of the work environment at the time including responsibilities and number of service users under their care

• Use the first person (e.g. ‘I’). For example, ‘I gave Patient A 500mg of Paracetamol’ rather than ‘500mg of Paracetamol was given’

• Be clear about what was seen and heard. Include professional involvement, as appropriate, based on clinical records

• Relate the facts from the beginning and keep them in chronological order, giving precise dates and time. Be consistent in using ‘am’ or ‘pm’ or the 24-hour clock

• Avoid jargon or official language. Be as brief as possible while covering all the essential points needed to address the allegations, complaint or request

• Assume that the reader of the statement will not have clinical or specialist knowledge and therefore, explain clinical or healthcare procedures and avoid general statements such as ‘routine observations were made’. If normal procedures were not followed, then explain what is normal and why there was a departure from the accepted procedure

• State what is personal recollection and what can be corroborated as fact with reference to, for example, healthcare records, reports, clinical guidelines or standards

• Where known, use full name and job titles of colleagues

• Always write the subject of an abbreviation or acronym in full at the first mention

• If called by the coroner as a witness, a copy of your statement can be taken to the Coroner’s Court and can be referred to whilst you give evidence

• Always keep a copy of the statement for future reference. If any oral evidence you are asked to give, at a later date, is significantly different from the written statement, this might affect credibility

• The witness statement could be used as a script in the witness box, in forums outside of the organisation, such as Employment Tribunal, Coroner’s Court, Serious Adult Review (SAR), Domestic Abuse Related Death Reviews (DARDR), Child Safeguarding Practice Review (CSPRs), and Health and Safety Investigation.

Remember, it must be Relevant:

• Do not speculate, elaborate or exaggerate, or use emotional language. You may be called as a witness to give oral evidence based on your written statement

• If you cannot remember something, say so

• It is acceptable to form a view based on your professional judgement. Document the facts or evidence on which you based your conclusion. Relate to how this would impact on service user care or service levels

• Do not assume that the reader knows anything of the facts of the case. Write your statement in such a way that an intelligent lay person should be able to understand the content

• Avoid giving opinions or making judgements that you cannot support by factual evidence or corroboration. Reflect on what has been observed to be usual practice or experience

• Hearsay is second hand, rather than first hand evidence. For example, ‘I heard Susan say that she had seen Jill give the injection’. It can be admissible in certain legal proceedings, but it must be clear that it is hearsay evidence. Only relate what you were told by another/others. You will have no way of verifying the accuracy of others’ accounts

• In any summary, recap the main points and avoid adding new information or comments

• The statement requester will decide who needs to be interviewed and who to meet with. Not everyone will need to be interviewed. If your witness statement is clear and concise it may be acceptable not to interview you as a witness

8. After a statement has been requested

If you have been called to attend an interview regarding an event, your line manager should be flexible in supporting you to attend.

When a statement has been requested for an inquest your line manager will advise you of this and the Legal team will then contact you.

If a witness cannot remember the event or incident, they should stipulate this. The witness should not be rushed into speaking.

Witnesses should think carefully about their responses and should ask for a break if needed. If a further meeting is necessary to provide supporting evidence or information the witness can request a postponement.

If a witness is asked to discuss issues that they were not informed about or they feel uncomfortable to talk about they should request that the meeting be adjourned until further advice can be sought. Any agreement will be made at the statement requesters discretion.

It will be arranged for notes to be taken at the meeting as part of the investigation process.

9. Draft Statement

In some cases, a witness statement will be prepared by the Investigating Officer/Police for the witness to sign. This may have been prepared as a result of the witness meeting with the Investigating Officer/Police

If the witness disagrees with any of the content contained within the statement, the witness must not sign or submit the statement. The witness must return the statement indicating the areas that require amendment.

All statements written by the statement requester, on behalf of the witness must contain the following paragraph: -

‘This statement was drafted on my behalf by (XXX) and I have confirmed its accuracy having seen it in draft and having been given an opportunity to make corrections or additions. This statement is true to the best of my knowledge’.

The witness must sign and date the witness statement.

Appendix 1: Witness Statement Template

Witness Statement

Private & Confidential

Datix Web Reference: Insert Datix Web Reference

Commissioner Reference: Insert Commissioner Reference

Date & Time: Insert the date and time

Witness Name: Insert Full Name

Job Title: Insert Job Title

Work Place: Insert Work Place

Hours of Work: Insert Days of the Week and Hours Worked

I am employed by Provide Group and my role is Insert Job Title. My qualifications and experiences are Click here to enter text.

I have worked in my current job role for Click here to enter text.

I have been involved in the care of Patient X since Click here to enter a date.

I am responding to a request for a written statement from Click here to enter text.

Statement

This statement is true to the best of my knowledge and belief. This statement sets out the evidence that I am prepared to give in a court as a witness.

Name: Insert Full Name

Signature: Click here to enter text.

Signature Date & Time: Click here to enter a date.

Appendix 2: Witness Template

IN THE MATTER OF AN INQUEST TOUCHING THE DEATH OF [DECEASED’S NAME e.g. JOHN SMITH]

Witness Statement of [Your Name]

I, [YOUR NAME], of [WORK ADDRESS] state as follows:

Introduction

1. I have been asked to prepare a statement for the Coroner regarding my involvement in the care of [PATIENT’S NAME] within the period of 6 months leading to the death of [PATIENT’S NAME]. I have been asked to include in my statement a number of aspects relating to the care of [PATIENT’S NAME], such as diagnosis, care plan, treatment, risk assessments, reason for admission under section, fitness for discharge, community care plan, events leading up to deathlast contacts with the deceased, communication with family. [PLEASE DELETE PARTS THAT ARE NOT APPLICABLE TO YOUR ROLE OR DO NOT FALL WITHIN YOUR PROFESSIONAL REMIT]

2. I hold [PLEASE LIST YOUR PROFESSIONAL QUALIFICATIONS/ REGISTRATIONS].

3. I work as [YOUR PROFESSIONAL TITLE e.g. registered nurse] at [HOSPITAL/SERVICE NAME], Provide CIC. I have been working as [YOUR PROFESSIONAL TITLE] for [NUMBER] years. I started working with Provide CIC in my current capacity in [DATE e.g. February 2015].

4. [PLEASE GIVE BRIEF EXPLANATION WHAT YOUR ROLE INVOLVES AND WHAT IS YOUR SERVICE DESIGNED FOR]

Sources of information

5. My statement is based on [PLEASE INSERT AS APPROPRIATE e.g. my recollection of the events, my usual practice (if appropriate) and Mr Smith’s notes

on SystmOne Electronic Patient Records in Provide CIC which were available to me. I have also used].

Diagnosis

6. PLEASE EXPLAIN WHAT WAS THE DIAGNOSIS OF THE PATIENT BASED ON YOUR UNDERSTANDING/MEDICAL RECORDS.e.g. Mr John Smith was a 60 year old gentlemen with an established history of [xxxxx].

Risk

7. PLEASE EXPLAIN WHAT WAS THE MOST RECENT RISK LEVEL OF THIS PATIENT e.g. I understand that the most recent known/documented risk to selfharm prior to the death was …. Please only state the recent risk and clearly identify the level of risk (for example risk of suicide was medium due to A.B.C…; risk of sepsis was high due to X.Y.Z.

Care plan

PLEASE EXPLAIN WHAT WAS THE MOST RECENT CARE PLAN FOR THIS PATIENT, BASED ON YOUR UNDERSTANDING/MEDICAL RECORDS. E.g. The most recent care plan for Mr Smith’s was…. Please state concisely what was the care plan in place. For example: The most recent care plan was to provide change of the dressing on a daily basis; to observe mental health state every 15 minutes (level 2 observation) etc

Chronology of treatment provided

8. E.g. Mr John Smith was admitted to our service on 01.02.2020 because [xxxxxx]

9. [PLEASE STATE HOW AND WHY DID YOU BECOME INVOLVED IN PROVIDING TREATMENT TO THIS PATIENT e.g. on 02/01/2011 I was on a morning shift when Mr John was admitted on the Magnolia ward as inpatient. [PLEASE ALWAYS MAKE IT CLEAR WHAT IS THE SOURCE OF THE INFORMATION THAT YOU ARE DISCUSSING i.e. based on the medical notes xyz….; or based on my recollection…; or our usual/normal practice in these circumstances would have been that (if and when appropriate)];

10. [PLEASE PROVIDE CHRONOLOGY OF YOUR INVOLVEMENT IN CARE INCLUDING ASPECTS OF CARE LISTIED IN PARAGRAPH 1 of the statement

11. On behalf of the [insert the team] at Provide CIC, I would like to express our sincere condolences to [patient’s name] family.

Statement of truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

name]