Policy for dealing with unreasonably persistent complaints and unreasonable complainant behaviour

Owned by:	Sue Petzold
Created Date:	24 February 2015
Equality Impact Assessment completed:
CMT Approval Date:	4 March 2015
JCC Consultation Date:
Executive/Council Approval date:
Date for review:

Policy Statement
This policy on dealing with unreasonably persistent complainants and unreasonable complainant behaviour is based on guidance by the Local Government Ombudsman. Its aim is to: help the Council to deal with complainants in a way that is open, fair and proportionate; ensure that staff and Members understand clearly what is expected of them, what action can be taken to deal with such complainants, and who can authorise this action. The policy will be shared with complainants if they start to behave unreasonably, so that their expectations and behaviour can be managed, as far as possible, while the substance of their complaint is addressed in accordance with the Council’s Policy on dealing with customer complaints.
Scope of Policy

Introduction

The Council aims to provide excellent customer service to all its customers and to deal with all customers’ complaints fairly, comprehensively and as efficiently as possible. The Council will not normally limit the contact which complainants have with its staff or Members. However, the Council does not expect its staff or Members to tolerate unacceptable behaviour by complainants, or indeed other customers, and the implementation of this policy is one of a number of ways in which the Council can protect its staff from harassment and harm.

In most cases, dealing with customers’ complaints is a straightforward process. However, occasionally a complainant will try to pursue their complaint in a way that not only impedes the investigation of their complainant, but also creates significant resource issues for the Council. Unreasonable behaviour of this kind can occur either while the complaint is being investigated, or once the authority has completed its investigation.

Definition

Unreasonable or unreasonably persistent complainants are those who, because of the frequency or nature of their contacts with the Council, hinder the authority’s consideration of their complaints or complaints made by other customers. They may pursue a justified complaint in an inappropriate way, or may pursue complaints which appear to have no substance or continue with complaints that have already been investigated and determined. Even though their contacts with the Council may be amicable, they can still place heavy demands on staff time. They may also be emotionally charged and this can be distressing for all involved.

Examples of unreasonable actions and behaviours that fall within the scope of this policy

The following types of behaviour may result in a complainant being regarded as either unreasonable or unreasonably persistent.

Refusing to specify the reason for a complaint, despite being offered assistance from staff or Members.

Refusing to cooperate with the complaints investigation process.

Refusing to accept that certain issues are outside the scope of the Council’s complaints procedure.

Insisting on the complaint being dealt with in ways which are incompatible with the Council’s complaints procedure or with good practice.

Making unjustified complaints about staff who are trying to deal with the issues, and seeking to have them replaced.

Changing the basis of the complaint as the investigation proceeds, including denying or changing statements that have been made at an earlier stage.

Introducing trivial or irrelevant new information at a later stage.

Raising many detailed but unimportant questions, and insisting that these are all answered.

Covertly recording meetings and conversations without the prior knowledge and consent of the other people involved.

Adopting a ‘scatter-gun’ approach by raising concerns with different staff across the Council or by pursuing parallel complaints on the same issue with other organisations.

Making excessive demands on the time and resources of staff or Members while their complaint is being investigated by, for example, making lengthy telephone calls, emailing or sending detailed letters to numerous council staff and expecting immediate responses.

Submitting repeat complaints with minor additions or variations, and insisting these are ‘new’ complaints.

Refusing to accept the Council’s decision, repeatedly arguing points with no new evidence.

Using bullying, physical or psychological threats against staff or Members.

Alleging discrimination on the grounds of disability, race, age, gender, sexual orientation or religion without good reason or evidence.

This list is not exhaustive, and there may be other factors that would justify taking action under this policy.

Actions to be taken by the Council when a complainant is considered to be unreasonably persistent

In cases where the complaint has been determined and closed, the complainant will be advised that the Council will not enter into any further correspondence or discussion on the matter. In addition, where appropriate the complainant will be advised to pursue their concerns with the relevant Ombudsman.

If the complaint is still under consideration, the Council will consider what arrangements should be made to deal with the complainant’s unreasonable behaviour. It is recognised that a decision to designate someone’s behaviour as unreasonable and restrict their access to the Council, may have serious consequences for the individual concerned. Therefore before taking the decision to designate a complainant as unreasonable or unreasonably persistent, the Council will review the case to ensure that:

the complaint is being investigated properly,

any decision reached on it is the right one,

communications with the complainant have been appropriate and adequate; and

the complainant is not now providing any significant new information that might affect the Council’s view on the complaint.

The Council may also consider whether it is necessary to take one or more of the following steps:

Offering the complainant a meeting with an appropriate officer to explore scope for a resolution of the complaint and explain why their current behaviour is considered to be unreasonable.

Explaining this policy to the complainant and warning them that restrictive actions may need to be applied if their unreasonable behaviour continues.

Helping the complainant to find a suitable independent advocate, especially if the complainant has different needs.

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Operation of the policy

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All decisions to designate a complainant as either unreasonable or unreasonably persistent will be taken by the Executive Director in consultation with appropriate members of staff.

The Council will ensure that any action that is taken to manage the behaviour of a complainant who has been designated as unreasonable or unreasonably persistent, is proportionate to the nature and frequency of the complainant’s contacts and personal circumstances and needs. The primary objective will be to manage the complainant’s unreasonable behaviour in such a way that their complaint can be concluded quickly, without any further delay.

The following options will be considered:

Requiring the complainant to communicate with only one named member of staff, ie a single point of contact.

Placing limits on the number and duration of contacts with staff per week or month.

Offering a restricted time slot for necessary calls.

Limiting the complainant to one method of contact with the Council (telephone, letter or email).

Requiring any personal contacts to take place in the presence of a witness and in a suitable location.

Refusing to register and process any further complaints about the same matter.

When a decision on the complaint has been made, the complainant will be informed that any future correspondence will be read and placed on the file by a designated officer, but not acknowledged, unless it contains material new information.

If a decision is taken to apply restricted access, the Executive Director will write to the complainant with a copy of the policy to explain:

why the decision has been taken

what this means for the complainant’s future contacts with the Council

how long any restrictions on access will remain in place (usually 12 months in the first instance).

The complainant will also be advised that if they would like the Council’s decision to be reviewed, they should raise their concerns with the appropriate Ombudsman service.

The complainant’s details may be recorded on the Staff Safety Register if appropriate.

The Corporate Complaints officer will be responsible for ensuring that adequate records are kept on the Council’s complaints database to show when a decision was taken to designate a complainant as unreasonable or unreasonably persistent, and the reasons for this decision. Information on the number of complainants designated as being either unreasonable or unreasonably persistent will also be included in the annual report to Members on complaints handling.

The Corporate Complaints Officer will be responsible for ensuring that any further letters or emails from the complainant are checked to identify any significant new information. When a complaint about a new issue is made, this will be treated on its merits, and consideration will be given to whether any restrictions previously applied are still appropriate and necessary.

Author and feedback

The Council welcomes comments and feedback on its policies and procedures. Please contact the Corporate Policy Officer, Sue Petzold, if you have any comments.

Related Information

Other Related Council Policies/Information

Corporate Complaints Policy

Health and Safety Policy

Staff Safety Register

Equality and Diversity Policy

Other Documents:

Local Government Ombudsman’s guidance note on management of unreasonable complainant behaviour.