Chapter 11 — Internal Reporting Systems
Consequences
of access
limitations
• Restrictions on access to court proceedings, documents and files may
provide less opportunity and information to perform in-depth analysis of
more elaborate issues characteristic of
open reports.
• Questionnaire format allows compiling information across many cases and
drawing conclusions on specific issues,
which are usually easier to observe,
even without access to the entire record of an individual case.
Number of
reports
• As reports increase, conclusions may
be more definite, but management of
all information becomes more difficult,
with a greater chance that case information will not be utilized.
• As reports increase, information management is less problematic, as more
quantifiable data directly increases the
credibility of findings.
Short-term
monitoring/
monitoring of
few cases
• The detailed analysis of individual cases and highlighting of problems can
provide a solid basis for reporting on
emerging issues, even on the basis of
few monitored cases.
• Conclusions based upon quantitative
analysis require a longer time-frame
to monitor and a sufficient number
of monitored cases to make reliable
findings.
Monitor
experience
• This option requires more monitoring
experience and analytical ability to spot
issues and independently apply standards to formulate conclusions.
• Questionnaires provide more structure
for less experienced monitors or those
who have had less legal training.
Strengths/
weaknesses
• This system is excellent where a programme seeks to take an in-depth look
at proceedings in individual cases, uncover more elaborate problems, or focus on a narrow set of issues with a
high level of analysis.
• The objective survey-type of approach
is more suitable for providing quantifiable findings about how a system
functions, both on problems and good
practices.
• The focus is on qualitative results,
hence making quantitative conclusions
(including statistics) may not always be
consistent with this reporting format.
• There is a risk of undue focus on issues to the exclusion of good practices,
if monitors focus only on violations.
• Monitors are given wider discretion to
focus on various issues in reporting.
• This system encourages monitors to
build narrative and analytical reporting skills, adding to their professional
development.
• This option provides legal analysts with
a first-level analysis that they can use
verbatim, or upon which they can easily build their narrative for external
reports.
• This allows for the collection of data on
widespread and select issues during a
monitoring term.
• There is a risk of a lack of in-depth
analysis and being less nuanced in
comparison with the open narrative
report.
• With this system it is difficult to assess
the quality of collected data.
• It is more difficult to provide in-depth
and complete public reporting on individual cases.
• This option does not serve the purpose
of building the analytical reporting skills
of monitors.
• This system requires that legal analysts
undertake the first step of “converting” the raw information into a narrative
analysis.
11.3.4 Hybrid formats - open organized format
Some monitoring programmes have combined aspects of open and closed reporting systems to produce a “hybrid” system, also sometimes called an “open organized” system. A hybrid format is open
in the sense that it requires narrative analysis of issues based upon the discretion of the monitor, but
the reporting template is more tightly organized around specific issues, ensuring more consistent
issue coverage and easier compilation of findings. Such a format may be helpful for a programme
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