Regulatory Investigations: Regulators, Regulatees and the Public Interest

Area of Science:

• Legal Studies
• Regulatory Affairs
• Public Administration

Background:

• Regulatory authorities conduct investigations into complaints against regulated individuals.
• These investigations can have adverse consequences for the individuals being investigated.
• Accountability of regulatory bodies for their actions during investigations is a significant concern.

Purpose of the Study:

• To examine the legal duties and obligations of regulatory authorities towards regulated individuals, complainants, and the public.
• To explore the general duties owed by regulators with investigatory powers to those subject to their investigations.
• To determine the extent of regulator accountability for actions impacting welfare.

Main Methods:

• Legal analysis of existing duties and obligations.
• Examination of case law and regulatory frameworks.
• Discussion of ethical considerations and best practices in regulatory oversight.

Main Results:

• Regulators do not possess a legal duty of care to protect regulatees from harm.
• Existing legal frameworks may not fully address the welfare of individuals affected by investigations.
• Other factors may compel regulators to consider the welfare of regulatees and affected parties.

Conclusions:

• While direct legal duty of care is absent, regulators have broader responsibilities.
• Consideration of welfare for all parties is crucial for ethical and effective regulation.
• Further development of accountability mechanisms for regulatory bodies is warranted.