Document

Managing unreasonable actions procedure

1.  Introduction

1.1 Horsham District Council (HDC) is committed to dealing with all complaints fairly and impartially and to providing a high-quality service to customers and complainants. We retain the right to restrict or change access to our services where we consider the customers actions or behaviour to be unacceptable or unreasonable.

1.2 In a small number of cases, people interact with HDC in a way that is unreasonable. This can prevent us from providing services to the individual and others and can have a significant impact on staff wellbeing.

1.3 HDC has a duty to ensure the health, safety and welfare of our staff and we do not expect our staff to tolerate actions by customers or complainants which is violent, aggressive, threatening, abusive, offensive or unacceptable. We do not expect our staff to put up with any racist, sexist, homophobic, other discriminatory or unacceptable language.

1.4 This Procedure covers the steps we should take in managing unreasonable actions by complainants and customers. It is important to note that it applies to unreasonable actions within the complaints process and also to individuals who display unreasonable actions when engaging with services before a complaint is made. Unreasonable actions can occur:

  • during the delivery of a service,
  • while a complaint is being investigated,
  • following the completion of the complaints process.

1.5 This HDC Procedure is based on the “Managing unreasonable actions by complainants: A guide for organisations” issues by the Local Government and Social Care Ombudsman (LGSCO).

1.6 The LGSCO Guidance and this HDC Procedure do not apply to unreasonable actions from individuals directed towards elected councillors. The LGA has issued separate guidance to councillors on this area.

1.7 Regarding unreasonable actions of individuals making requests for information under the FOI Act/ EIRS/ SARs under the DPA/ UK GDPR, these legislations cover unreasonable requests under the vexatious provisions. The FOI team will advise and handle in accordance with the relevant legislation.

2. Unreasonable actions

2.1 Unreasonable actions are those which, because of the nature or frequency of contact with HDC, hinders the delivery of services or consideration of complaints.

2.2 Some unreasonable actions emerge over time, for example, as complainants become more persistent in pursuit of their complaint. It should be recognised that many complainants act in a legitimate but persistent manner in order to pursue their complaint. Therefore, it is important to recognise the difference between “persistent” and “unreasonably persistent” actions.

2.3 It is also important to consider whether there are any underlying explanations for unreasonable actions. This could be due to additional support needs so regard must be given to our duty to make reasonable adjustments under the Equality Act 2010.

2.4 Unreasonable actions by representatives can cause difficulties for HDC as well as the individual they are representing. Therefore, we can also apply this Procedure to representatives where it is warranted. However, in doing so we should ensure the individual they are representing is not disadvantaged by this. To avoid any disadvantage we will consider taking the following actions:

  • Offer to deal with the individual directly, taking account of any reasonable adjustments required or requested under the Equality Act 2010.
  • Ask the individual to nominate another representative.
  • Offer to support the individual to find another representative (e.g. advocacy service).

2.5 Examples of Unreasonable Actions:

  • Being abusive, threatening or acting in a manner intended to intimidate staff. This includes any use of racist, sexist, homophobic or other discriminatory language.
  • Putting, or threatening to put information on social media or websites which includes personal information of HDC employees without their consent and/or making defamatory statements about employees online
  • Recording interactions with HDC without good reason.
  • Putting recordings online without the consent of those being recorded.
  • Live broadcasting interactions with HDC without their consent.
  • Manipulating or editing recordings.
  • Making excessive demands on the time and resources of staff, for example, with lengthy phone calls, emails to numerous council staff, or detailed correspondence every few days or more often, and expecting immediate responses.
  • Submitting repeat contacts or complaints with minor additions/variations which the complainant insists make these ‘new’ complaints.
  • Refusing to specify the grounds of a complaint, despite offers of help.
  • Refusing to cooperate with the complaints investigation process. For example, failing to provide information requested that is important for the investigation.
  • Insisting on the complaint being dealt with in ways which are incompatible with the adopted 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.
  • Frequently changing the basis of the complaint as the investigation proceeds.
  • Raising many detailed but unimportant questions, and insisting they are all answered.
  • Providing false information and/ or submitting falsified documents from themselves or others.
  • Adopting a 'scatter gun' approach: pursuing parallel complaints or contact about the same issue with various organisations.

2.6 There is no exhaustive listof actions that may be unreasonable as each case should be judged on its circumstances. The above are examples of actions which may be considered unreasonable. But if you feel that a behaviour, not listed above, is causing distress or a strain on Council resources, you should discuss this with your Head of Service and the Complaints and Feedback Officer.

3. Feeling threatened and other serious situations

3.1 Members of staff who feel threatened or intimidated by the language or actions of              customers or complainants should report these concerns immediately to their Head of Service. The Head of Service will advise the Senior Leadership Team as appropriate.

3.2 Where the behaviour of customers or complainants is so extreme that it threatens   the immediate safety and welfare of our staff, we may report the matter to the police or consider taking legal action.

3.3 In such cases, we may not give prior warning and do not have to follow any of the informal or formal stages set out below.

3.4 In serious situations it may be appropriate to move immediately to restricting an individual’s contact with HDC without any informal or formal warnings being given.

4. Informal warning

4.1 If a member of staff experiences an individual acting in an unreasonable way, we should explain why the behaviour is unreasonable and ask the individual to change it.

4.2 We should warn them that, if the behaviour continues, we may take action to restrict the individual’s contact with us and that we will consider further action in line with this Procedure.

4.3 This informal warning can be made verbally or in writing / email depending on which is most appropriate.

4.4 At this informal stage, it may be appropriate to consider any underlying reasons for the unacceptable behaviour and any reasonable adjustments that may need to be put in place to address these. We must have regard to the Equality Act 2010 as set out at 2.3 above.

5. Immediate actions

5.1 We may also consider taking immediate actions such as:

  • Terminating phone calls or in person meetings
  • Asking an individual to leave the premises

5.2 Any immediate actions should be accompanied by the informal warning process, as set out above.

6. Other actions

6.1 If the individual fails to adhere to an informal warning and their unreasonable actions continue, it should be reported to the Head of Service and the Complaints and Feedback Officer who will consider whether a Stage 1 formal warning is necessary or whether any other actions may be more appropriate.

6.2 This will include whether there are any underlying reasons for the unacceptable behaviour and any reasonable adjustments that could be made to address these, having regard to the Equality Act 2010.

7. Stage 1 - Formal warning

7.1 The initial formal warning will be given in writing by the Head of Service and will set   out the following:

  • The actions of the individual which are deemed unreasonable and why they are unreasonable
  • Any considerations we have given to underlying reasons and reasonable adjustments we have made under the Equality Act
  • The consequences of failing to address these behaviours
  • That continued unreasonable actions will be escalated for review by the Chief Executive
  • Via Social Media.

8 Stage 2 - Restricting Contact

8.1 If the Stage 1 formal warning does not prevent the unreasonable actions from continuing, the Head of Service will refer the matter to the Chief Executive for review.

8.2 The Chief Executive will consider the evidence and determine whether it is appropriate to impose restrictions on contact.

8.3 If it is determined to impose restrictions a Stage 2 letter will be issued to advise of the following:

  • How Stage 1 has not prevented the unreasonable actions and why the matter has been escalated
  • Detail any considerations we have given to underlying reasons and reasonable adjustments we have made under the Equality Act
  • Set out any restrictions which are being imposed and why
  • How long the restrictions will last and when the decision will be reviewed.
  • A warning that continued unreasonable actions may be referred for legal action, without further recourse to the individual.
  • That the individual has the right to submit a formal complaint against the restrictions, in line with our complaints policy

9. Restrictions

9.1 Possible restrictions to the individual’s contact with HDC may include, but are not limited to, the following:

  • Restricting the length and frequency or the blocking of telephone calls
  • Limiting contact to email only or letter only (having regard to any agreed reasonable adjustments).
  • Restricting the volume of emails or letters- for example to one per week
  • Requiring the individual to only contact HDC using one named staff member or generic inbox
  • Placing correspondence on file without acknowledgement or reply.
  • Restricting access to certain Council buildings or premises.
  • Restricting access to discretionary services.

10 Restriction period

10.1 The restrictions imposed should be for a defined period, the recommended minimum is 3 months, with a maximum period of one year.

10.2 When the restriction period expires the conduct of the individual will be reviewed by the Chief Executive and a decision made on whether the restrictions should remain in place or be removed.

10.3 The outcome of the review will be notified to the individual in writing.