Boards of Inquiry
The object of any Service Board of Inquiry (BOI)
into an accident or incident is to ascertain what went wrong and
why, in order to prevent a recurrence. A BOI is not however a
court of law, nor does it fulfil the same function as an inquest,
and it cannot assume the authority of such a court. Neither do
its proceedings form part of the disciplinary process.
A BOI is a wholly internal, domestic investigation.
As the object of a BOI is to prevent recurrence its Terms of Reference
(TOR) must be framed accordingly. TOR range from general statements
such as "Investigate the circumstances of . . ." to
a more specific remit "To establish whether the welfare support
and pastoral care provided was adequate."
A BOI can be convened at any time but must be
adjourned if a criminal prosecution is likely. It cannot be reconvened
until such disciplinary and criminal proceedings have concluded.
A BOI Inquiry consists of a President and two
or more members. The role of the BOI members is to hear evidence
and deduce conclusions from factual evidence in order to assist
the President. The Inquiry will normally call witnesses to the
incident in addition to those with specialist expertise. Serving
personnel may be ordered to attend. Civilian witnesses, including
former Service personnel cannot be compelled to attend nor, if
they do attend, are they bound to answer questions. Neither members
of the public, including Next of Kin, nor the press have the right
to be present at an Inquiry.
Individuals whose character or professional
reputation may be affected by the proceedings may choose to be
represented legally or otherwise. Representatives may question
witnesses but may not address the Board without the permission
of the President.
The recommendations of the BOI should be in
line with its TOR but need not be restricted to them. The Board
has a duty to ensure that all findings and recommendations are
supported by evidence. It is the duty of the chain of command
to record progress on individual recommendations and to promulgate
them periodically throughout the Service in a consolidated list
of lessons learned.
THE ARMY
LEARNING ACCOUNT
AND RELATIONSHIP
TO A
BOARD OF
INQUIRY
The Army produce a Learning Account within 48
hours of an incident or accident. It provides a formal record
listing all recommendations and actions taken to prevent an immediate
recurrence. The outline format of a learning account is what happened;
why it happened; lessons identified; and recommendations.
It is essential that early lessons or clear
conclusions from supporting investigation reports are identified
as soon as possible, and that the chain of command reacts promptly
and proactively to remedy these problems in order to minimise
the possibility of a recurrence. The Learning Account informs
the Board of Inquiry of immediate action that has been taken.
Families are properly briefed on the detail of the incident through
the Casualty Visiting Officers.
In summary, a Unit Learning Account:
(a) identifies the immediate lessons in order
that they can be promulgated to prevent any recurrence;
(b) immediately records the facts in order
to assist a Board of Inquiry, if required; and
(c) provides information that can be briefed
to the family of any casualty.
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