Managing unreasonable behaviour and persistent complainants

The environment should be free from intimidation, threats, and aggression. We also need to use our resources for providing services in an efficient way.

Most of the time customer enquiries and complaints are dealt with using our usual procedures, but on rare occasions we must manage what we believe is unreasonable customer behaviour and/or people who complain persistently.

What are unreasonable behaviour and persistent complainants

For this procedure, we use the definition set out by the Local Government and Social Care Ombudsman, which is:

"Unreasonable and unreasonably persistent complainants are those complainants who, because of the nature or frequency of their contact with an organisation, hinder the organisation’s consideration of their or other people's complaints."

Unreasonable behaviour and unreasonably persistent complainants may have justified complaints but pursue them in an inappropriate way, or they may pursue complaints that have no substance or have already been investigated and determined.

Contact with the council might be amicable but take up a disproportionate amount of limited officer time. Or contacts may be clearly unacceptable in their nature, causing distress to council staff, councillors, third parties with whom we work, and other council customers.

Examples of behaviour that is unreasonable

Unreasonable behaviour can include, but is not limited to one or a combination of the following actions:

• Refusing to accept the council or Local Government Ombudsman decisions when the council’s complaints procedure has been fully and properly implemented. This can include continuing to contact on the same issue after a final decision has been reached. Or insisting that the council has not dealt with the issue satisfactorily
• Making excessive demands on the time and resources on staff by making multiple and excessive phone calls, emails, or letters, expecting immediate responses, or requesting personal interviews
• Submitting repeated complaints about the same issue or with additions and variations which the complainant insists makes for a new complaint
• Adopting a ‘scatter gun’ approach to complaints – unnecessary contacts, pursuing parallel contact on the same issue with different officers and councillors, or a variety of organisations, about the same issues
• Making unjustified complaints about staff who are trying to deal with the issues and or asking that they be replaced or wanting escalation, during an investigation
• Refusing to cooperate with the investigation process while still wishing their complaint or allegation to be resolved
• Refusing to specify the grounds of a complaint allegation, despite offers of assistance from us
• Demanding to speak to the chief executive, executive directors, or head of service without following the complaints procedure
• Harassing, trolling, stalking, intimidating, verbally abusing, using offensive language or being aggressive towards council staff, councillors, or third parties with whom we work

These examples can prompt council staff to consider whether the use of this procedure is applicable.

Our initial steps

Where efforts to resolve matters have not been successful and before any action is taken under this procedure, we will explain to the customer by letter or email why their behaviour is unacceptable.

We will ask them to stop this behaviour and include a copy of this procedure.

Following this warning, if the complainant ceases their actions, then no further steps are necessary.

If the complainant resumes or repeats their actions, then we will decide if a reminder would be appropriate, before moving onto the next steps.

Who makes the decision

Each case will be considered on an individual basis and any decision to regard someone as unreasonable, will be made by the relevant service manager or head of service.

If the head of service has been directly involved with or is the subject of the complaint, then the decision will be made by the council’s monitoring officer or an executive director.

Stage one – deciding to apply this procedure

Before deciding to apply this procedure and taking action, the relevant service manager or head of service or an executive director will:

• Check that the complainant's issue has been dealt with properly in line with the council's complaints procedure
• Make sure the customer has not provided any new information that might affect our view or decision
• Review any decision reached and decide if it was appropriate
• Decide if there is evidence that the customer has acted in such a way that this procedure should be applied
• Seek any further views that they think is necessary if outside of their knowledge or want to verify their thinking. For example, legal advice
• If a customer has declared any protected characteristics under the Equality Act, that they are understood and consider any reasonable adjustments
• Decide if any other support agencies, such as Citizens Advice could assist the customer in accessing or pursuing their issue in a reasonable manner

If they feel all the above have been met, the above officer may move onto stage two, to act against the complainant.

Stage two - deciding what action we will take

A senior officer will look through the options below and decide what action(s) the council will take against the complainant.

This needs to be appropriate and proportionate to the nature and frequency of the complaint.

This list is not final and there may be specific factors to influence what might be appropriate.

• Limiting them to one method and point of contact - for example telephone, letter, or email
• Providing them with a named single point of contact for all communication. This should be monitored and responded to by a senior officer within the relevant service
• If any in-person contact is required, making sure the presence of a witness at a suitable location and the time-limits to be applied
• Require them to make contact only through a third party – for example a solicitor, or other representative nominated by the complainant
• Refuse the customer access to the council's premises, except by appointment
• Refuse to take further complaints or allegations about the same matter. If further contacts continue, the council will not acknowledge or reply to them. If this option is chosen, contact must be reviewed to ensure no new matters are being raised
• In extreme circumstances it may be appropriate to apply for a civil injunction against the customer. If this decision is to be considered, it must be in consultation with legal services

Communicating the decision and the action

After the action has been decided, the following must also be carried out:

• Inform the complainant clearly and promptly in writing. That they have been regarded as presenting with unreasonable behaviour and/or considered a persistent complainant
• The reason for this decision
• What it means to them when contacting the council in the future
• How long any restrictions may last
• Inform them who will be notified of the decision
• Provide information of the local government and social care ombudsman to consider the council's decision and actions

The above actions must be documented and held within the complaint file and circulated to other officers and or members involved in the complaint.

The chief executive and other potential contacts, such as, executive director, personal assistant and the service manager for customer services should also be informed.

If the complainant continues behaving unreasonably or continues to be persistent, documentation of all instances must be recorded and reported to the head of service or monitoring officer.

Review of decisions

When any restrictions are put in place, we will set a review date. This will be based on the circumstances of the case, but an initial period of six months would normally be appropriate.

The status of the customer should be reviewed by the nominated monitoring officer or by the senior officer. They will consider any further contact or new issues which have been raised.

The decision of the review will be communicated to the customer. If it is decided to retain the status, the customer will be informed why this decision has been taken.

Relevant staff and other organisations who were initially informed of those restrictions, will also be advised of the outcome of the review.

Potentially violent persons

There may be cases where a customer's behaviour goes past the definition for unreasonable and becomes threatening, violent, or abusive. In these situations, we may consider the potentially violent persons policy (a non-public document) to decide the appropriate action to take.