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Ghosts of the past: who knew and what did they do? Why it is not too late to investigate

13 November 2026
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4 min read

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When historic allegations come to light, attention quickly shifts from the accused to the organisation around them. We explain why it's not too late to investigate and highlight the key issues to consider, from the immediate response to longer-term organisational reform.

High-profile cases of historic allegations, such as those concerning Russell Brand and David Walliams, show how quickly scrutiny shifts from just the accused individual to the people and the organisations around them. The questions soon become: who knew, who was told, and what was done?

Historic allegations are increasingly seen as a test of an organisation’s culture, governance and complaint-handling processes and of where it draws the line on acceptable behaviour. Expectations have shifted and conduct once dismissed as “banter” or tolerated in return for talent or commercial success is now under the microscope, and inaction can be viewed as complicity. In our experience, organisations that confront difficult truths early and act proactively are judged more favourably than those that wait until their hand is forced. It is rarely “too late” to investigate.

Lewis Silkin has extensive experience of conducting investigations into historic allegations, including matters relating to Russell Brand and Gregg Wallace. Drawing on that experience, this article considers why historic cases can be challenging, what an investigation should examine, and the steps organisations can take at each stage.

Why historic cases are particularly difficult

Investigating events from years, or even decades, ago brings particular challenges:

  • memories may have faded, and accounts may have been shaped by later events or media coverage;
  • evidence may be missing, or may never have existed;
  • organisational structures and reporting lines may have changed, making it harder to establish who was responsible for what at the time; and
  • key individuals may be uncontactable and cannot be compelled to take part.

None of these is a reason not to investigate. They do, however, mean that the investigation needs to be carefully scoped and expectations should be realistic.

Immediate steps to take

When historic allegations come to light, the first few days matter. Organisations should:

  • set up a conflict-free internal team, excluding anyone who may have been involved in, or aware of, the matters under review;
  • assess any immediate safeguarding and wellbeing concerns, including whether the alleged perpetrator still has contact with staff, clients or members of the public;
  • preserve evidence, suspending routine deletion policies and securing email accounts, devices and HR records;
  • decide whether regulators, insurers, law enforcement or other stakeholders need to be notified; and
  • consider appointing an external investigator, particularly where senior leaders or governance may be scrutinised. Impartiality is often critical to the credibility of the findings and can help to persuade witnesses to come forward.

What would the investigation typically examine?

The investigation into historic allegations will usually look beyond the conduct of one individual. It is likely to cover three broad areas.

The specific allegations

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The organisational response

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The wider culture

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What should organisations do while the investigation is ongoing?

Investigations into historic allegations can take time. In the meantime, organisations should:

  • manage internal and external communications carefully, ensuring that messages are accurate, consistent and do not prejudge the outcome;
  • support any individuals who raise concerns, including by signposting wellbeing and counselling services;
  • avoid actions that could be seen as retaliatory, which could give rise to whistleblowing or victimisation claims as well as reputational damage;
  • maintain confidentiality where possible, while being honest with those involved about its limits; and
  • keep reporting and escalation routes under review, as an investigation often prompts further concerns to be raised.

Follow-up steps

The conclusion of the investigation should be the start of the next phase, not the end of the process. Organisations should consider the findings carefully and determine whether they need to take action. It might, for example, be appropriate to:

  • review speak-up arrangements, including hotlines, whistleblowing channels and other reporting routes;
  • conduct listening exercises to understand whether people feel safe raising concerns;
  • review governance, oversight and accountability structures;
  • undertake culture audits and manager training; and
  • communicate lessons learned and actions taken.

Taken seriously, these steps can help rebuild trust and demonstrate that the organisation has learned from the past.

How we can help

Lewis Silkin’s workplace investigations team regularly conducts and advises on sensitive investigations. We help organisations respond quickly, scope and run impartial external investigations, and support them to put in place practical measures to strengthen culture and governance.

For more information, please contact Karen Baxter, Carolyn Miller or your usual Lewis Silkin contact.