Complaints Policy and Procedure

Appendix A - Unreasonable Behaviour

Introduction

The Council is committed to providing what you need, in the way you want, and to the standard you expect. We believe that dealing effectively with complaints and customer requests for information is essential to providing good services.

We will process complaints in line with our policy, and we will make every effort to achieve a satisfactory outcome for each customer.

Unfortunately, in a minority of cases, people pursue their complaints or requests for information in a way that is unreasonable. In some instances, this can have a negative impact on the handling of their complaint or request. It can also have a significant impact on our resources and on our ability to provide services to our other customers.

This procedure covers Complaints and Freedom of Information (FOI) requests. In respect of FOI requests the Council will have regard to the guidance issued by the Information Commissioner's Office 'Dealing with vexatious requests').

Purpose

The purpose of this document is to:

  • define unreasonable customer behaviour
  • explain what we consider to be unreasonable customer behaviour and how we will deal with it
  • define vexatious requests
  • explain what we consider to be vexatious requests and how we will deal with these

What is unreasonable customer behaviour?

We define unreasonable behaviour as:

'Unreasonable complainants are those who, because of the nature or frequency of their contacts with the Council, negatively impact our ability to deal effectively with their (or other people's) complaints.'

Unreasonable behaviour may include one or two isolated incidents, as well as unreasonably persistent behaviour, which is usually an accumulation of incidents or behaviour over a longer period.

We differentiate between 'persistent' customers and 'unreasonably persistent' customers.

Customers making a complaint can be 'persistent' where they feel we have not dealt with their complaint or request properly and are not prepared to leave the matter there. For example, it is not unreasonable for a customer to criticise how their complaint is being handled when our published procedures are not followed.

However, some customers may have justified complaints or requests, but may pursue them in inappropriate ways, such as lengthy phone calls, emails expecting immediate responses, detailed letters or emails every few days. Others may pursue complaints or requests which have no substance, or which have already been considered and dealt with. Their contacts with us may be amicable but still place very heavy demands on staff.

Situations can escalate, and in a few cases customers can become abusive, offensive, threatening or behave in a way that we may consider to be unacceptable.

In these circumstances, we may have to restrict access to our premises or staff.

Examples of unreasonable behaviour

Examples of what we might consider to be unreasonable behaviour includes:

  • refusing to specify the grounds of a complaint, despite offers of assistance
  • changing the basis of the complaint/request as the matter proceeds
  • denying or changing statements made at an earlier stage
  • covertly recording meetings and conversations
  • submitting falsified documents from themselves or others
  • making excessive demands on the time and resources of staff with lengthy phone calls, emails to numerous council staff, or detailed letters every few days, and expecting immediate responses
  • refusing to accept the decision or repeatedly arguing points with no new evidence
  • persistently approaching the council through different routes about the same issue
  • causing distress to staff - including use of hostile, abusive or offensive language, or an unreasonable fixation on an individual member of staff
  • making unjustified complaints about staff who are trying to deal with the issues, and seeking to have them replaced
  • insisting on the complaint being dealt with in ways which are not compatible with the adopted complaints procedure or with good practice
  • introducing trivial or irrelevant new information at a later stage
  • raising many detailed but unimportant questions and insisting that they are all answered
  • submitting repeat complaints/requests with minor additions / variations and/or where the customer insists we consider these as new complaints

What is a vexatious request/complaint?

We define a vexatious request or complaint as one 'that is likely to cause distress, disruption, irritation, without any proper or justified cause'.

A vexatious request may refer to an ongoing complaint or include one or two individual requests for information, or may form part of a wider pattern of vexatious behaviour. For example, if there is a wider dispute or it is the latest in a lengthy series of overlapping requests.

However, we will not automatically refuse a request (or to deal with a complaint) simply because it is made in the context of a dispute or if it forms part of a series of requests.

We will consider each request for information on its own merits and we will not automatically refuse a request because the individual may have caused problems in the past. We will ensure that we consider whether the request (and not the requester) is vexatious, with our focus being on the request itself.

Where a request is considered to be vexatious we may make the decision not to provide the information.

Examples of vexatious requests/complaints

Examples of what we might consider to be vexatious requests / complaints are shown below. The list is not exhaustive and for a request or complaint to be considered as vexatious it is likely that more than one of the examples is relevant:

  • Submission of obsessive requests with very high volume and frequency of correspondence.
  • Requests for information that has already been seen or where there is a clear intention to reopen issues that have already been considered.
  • Where complying with the request would impose significant or disproportionate burden on the Council in terms of expense, and negatively impact our ability to provide service to others. In this situation, we will also consider Section 12 (exemption where cost exceeds the appropriate limit) of the Freedom of Information Act.
  • Threatening language or actions whereby it would be unreasonable for the Council to tolerate it no matter how legitimate the complaint or request
  • Where the customer states that the request / correspondence is actually meant to cause maximum inconvenience, disruption or annoyance.
  • Where the request / complaint lacks any serious purpose or value. An apparent lack of value would not usually be enough on its own to make a matter vexatious, but may do when considered with other examples.
  • Harassing the Council - this could include very high volume and frequency of correspondence, or mingling requests with accusations and complaints.
  • Recording (audio or video) of our employees without their consent.

Managing unreasonable complainant behaviour and vexatious requests/complaints

Before taking any decision to designate a Customer's behaviour as unreasonable or vexatious, we will be satisfied that:

  • the complaint / request is being, or has been, investigated properly
  • we have reached the right decision in the right way
  • communications with the customer have been adequate
  • the Customer is not now providing any significant new information that might affect the Council's view on the complaint /request.

When it is necessary to designate the Customer as behaving unreasonably the Council will consider:

  • offering a meeting between the Customer and a Senior Officer to explore scope for a resolution of the complaint and to explain why their current behaviour is seen as unreasonable
  • sharing this policy with the Customer and warning the Customer that restrictive actions may need to be applied if their behaviour continues
  • where the behaviour is so extreme that it threatens the immediate safety and welfare of staff, we may report the matter to the police or consider taking legal action. In such cases we may not give the Customer prior warning.

Options that we may take

Any action that we take will be proportionate to the nature and frequency of the complainant's current contacts. The following options may be suitable, taking the Customer's behaviour and circumstances into account. Options include:

  • restricting contacts with staff to specified days and limited times
  • limiting the Customer to one form of contact (telephone, letter, email etc)
  • requiring the Customer to communicate only with one named member of staff
  • requiring any personal contacts to take place in the presence of a witness and in a suitable location
  • requiring the Customer to enter into an agreement about their future behaviour before their case proceeds
  • refusing to register and process further complaints about the same matter
  • refuse all future contact with the Customer

Where a decision on the complaint has been made, we may tell the Customer that all communication is now ended and that future correspondence will be read and placed on the file but not acknowledged, unless it contains material new information.

Operating the policy

If a decision is taken (by an officer of the Extended Leadership Team in consultation with a member of the Senior Leadership Team) to apply restricted access, we will write to the Customer with a copy of this Policy to explain:

  • why the decision has been taken
  • what it means for his / her contacts with the Council
  • how long any limits will last,
  • when and how any decision to restrict access will be reviewed, and how the Customer can appeal against the decision.

Reviewing decisions to restrict access

A review of the decision will be made by the officer who made the original decision at the specified time, and the restrictions will be lifted unless there are good grounds to extend them.

We will tell the Customer of the outcome of the review. If limits are to continue, we will explain our reasons and state when the limits will next be reviewed.

Appeals against the Option that the Council has taken against the Customer

An appeal should be made within one month of the decision made (for example, to restrict access or ceasing contact with the Customer) and it will be considered by an Officer of the Extended Leadership Team who was not involved in the original decision to restrict access.

Referring complainants to the Local Government Ombudsman (LGO)

Where relations between the Council and Customer sometimes break down badly while complaints are under investigation, and there is little prospect of achieving a satisfactory outcome, the LGO may, exceptionally, be prepared to consider complaints before the Council's internal complaints procedure has been exhausted.

A Customer who has been treated as behaving unreasonably may make a complaint to the LGO about it.