1.Introduction
1.1 The document has been adapted from guidance provided to public service providers by the Scottish Public Services Ombudsman (SPSO) and articulates HLH’s approach to the rare instances where persons who complain do so in such circumstances that their actions or behaviour do not justify expending further resources or are otherwise unreasonable.
1.2 Such instances are very rare but typically involve persons who refuse to accept closure and constantly write reiterating the same complaint. Consequently public monies are unnecessarily and/or disproportionately spent on such investigations. The term complainant includes anyone acting on behalf of a complainer or contacts HLH in connection with a complaint.
2. Intention
2.1 To make it clear to all complainants, both at initial contact and throughout their dealings with HLH, what can and cannot be done in relation to their complaint. In doing so HLH aim to be open and not raise hopes or expectations we cannot meet.
2.2 To deal and respond fairly, honestly, consistently and appropriately with all complainants, including those whose actions HLH consider unacceptable. HLH believe that all complainants have the right to be heard, understood and respected. We also consider that HLH staff have the same rights.
2.3 To provide a service that is accessible to all complainants. However HLH retain the right, where we consider the actions of the complainant to be unacceptable, to restrict or change access to our service.
2.4 To ensure that complainants and HLH staff do not suffer any disadvantage from unacceptable actions from a complainant.
3. The Actions We Aim To Manage
3.1 People may act out of character in times of trouble or distress. There may have been upsetting or distressing circumstances leading up to a complaint being made to HLH. We do not view behaviour as unacceptable just because a customer is forceful or determined. Indeed, it has often been the case that persistence can be a positive advantage when pursuing a complaint. However, the actions of customers who are angry, demanding or excessively persistent may result in unreasonable demands being placed on us or unacceptable behaviour towards our staff. It is these actions that are considered unacceptable and which we will seek to manage under this guidance.
3.2 These actions have been grouped under three broad headings:
3.2.1 Aggressive or Abusive Behaviour
- Violence is not restricted to acts of aggression that may result in physical harm. It also includes behaviour or language (whether oral or written) that may cause staff to feel afraid, threatened or abused.
- Examples of behaviours grouped under this heading include threats, physical violence, personal verbal abuse, derogatory, slanderous or libellous remarks, either verbal or written, and rudeness. HLH also considers inflammatory statements and unsubstantiated allegations can be abusive behaviour.
- We expect our staff to be treated courteously and with respect. Violence or abuse towards staff is unacceptable. It is important that staff are trained to understand the difference between aggression and anger. The anger felt by many customers is often linked to the subject matter of their complaint. However, it is not acceptable when anger escalates into aggression or abuse directed towards HLH staff.
3.2.2 Unreasonable Demands
- Complainants may make what are considered unreasonable demands on HLH through the volume of information they seek, the nature and scale of service they expect or the number of approaches they make. What amounts to unreasonable demands will always depend on the circumstances surrounding the behaviour and the seriousness of the issues raised by the complainant or their representative.
- Examples of actions grouped under this heading include demanding responses within an unreasonable time-scale, insisting on meeting with or speaking to a particular member of staff, excessive phone calls or letters, repeatedly changing the substance of the complaint or raising unrelated concerns with the intention of prolonging the investigation.
- HLH will consider these demands as unacceptable and unreasonable if they start to impact substantially on HLH’s work, such as taking up an excessive amount of staff time to the disadvantage of service delivery to other customers.
- It is acknowledged that some complaints will require substantial investigation and in such cases resources invested and necessary and proportionate.
3.2.3 Unreasonable Levels of Contact
- It is acknowledged that some customers will not or cannot accept that we are unable to assist them further or provide a level of service other than that provided already. Customers may persist in disagreeing with the action or decision taken in relation to their complaint or contact the office persistently about the same issue.
- Examples of actions grouped under this heading include persistent refusal to accept a decision made in relation to a complaint, persistent refusal to accept explanations relating to what HLH can or cannot do and continuing to pursue a complaint without presenting any substantive new information and manufacturing complaints against HLH staff who have corresponded with the complainant when the complainant disagrees with an outcome. The way in which these customers approach HLH may be entirely reasonable, but it is their persistent behaviour in continuing to do so that is not.
- HLH consider the actions of customers making persistent complaints to be unacceptable when the amount of time spent talking to a customer on the telephone, or responding to e-mails and written correspondence impacts on our ability to deal with that complaint or other customer’s complaints, and causes distress to either staff or other customers.
4. Managing Unacceptable Actions by Customers
4.1 There are relatively few complainants whose actions HLH consider unacceptable. For those customers whose actions we would consider to be unacceptable, the way in which we will seek to manage those actions will depend on their nature and extent.
4.2 We will advise a customer if their behaviour is considered to be unacceptable, and the possible consequences that will occur if they do not moderate their behaviour in future. We will attempt do so in a way which is likely to diffuse the situation, and aim to bring the tone of communication back to a more reasonable level.
4.3 If a customer’s actions are such that they adversely affect our ability to carry out our work and provide services to others, it may be necessary to restrict a complainant’s contact with us.
4.4 We will aim to do this, wherever possible, in a way that allows a customer to progress their complaint to completion through the process. It may be necessary to restrict contact in person, by telephone, fax, letter or electronically or by any combination of these. However we will seek to maintain at least one form of contact.
4.5 The threat or use of physical violence, verbal abuse or harassment towards our staff is likely to result in the ending of all direct contact with the customer. Incidents may be reported to the police and will always be reported where physical violence is used or threatened.
4.6 HLH will not deal with correspondence (letter, fax or electronic mail) that is abusive to staff or contains allegations that lack substantive evidence. When this happens the complainant will be advised that we consider their language offensive, unnecessary and unhelpful and be asked to stop using such language. They will also be advised that we will not respond to their correspondence if they persist in using offensive language. Our staff will end telephone calls if the caller is considered aggressive, abusive or offensive. The staff member taking the call has the right to politely inform the caller that the behaviour is unacceptable and end the call if the behaviour persists.
4.7 In extreme situations, a customer may be advised in writing that their name is on a ‘no personal contact’ list. This means that they must restrict contact with us to either written communication or via a third party
4.8 Where a customer repeatedly phones, visits HLH offices, sends irrelevant documents or raises the same issues, we may decide to:
- advise the complainant that we will not engage in any further communication on this specific matter
- only take telephone calls from the complainant at set times on set days or put an arrangement in place for only one member of staff to deal with calls or correspondence from the customer in the future.
- require the customer to make an appointment to see a named member of staff before visiting the office or that the customer contacts the office in writing only.
- return the documents to the customer or, in extreme cases, advise the customer that further irrelevant documents will be destroyed.
- take other action that is considered appropriate in the circumstances. We must always tell the customer what action is being taken and why.
4.9 Where a complainant continues to correspond on a wide range of issues, and this action is considered to be unreasonably excessive, then the complainant will be advised that only a certain number of issues will be considered in a given period and asked to limit or focus their requests accordingly.
4.10 A complainant’s actions may be considered unreasonably persistent if all internal and external review mechanisms have been exhausted, and the complainant continues to dispute HLH’s decision relating to their complaint. The complainant will be advised that no future phone calls will be accepted or interviews granted concerning this specific complaint. Any future contact by the complainant on this particular issue must be in writing. Future correspondence will be acknowledged, read and filed, but only substantively responded to if the customer provides significant new information relating to the complaint.
5. The Process We Will Follow to Make Decisions about Unreasonable Behaviour
5.1 Any member of our staff who experiences aggressive or abusive behaviour from a complainant have the authority to deal immediately with that behaviour in a manner they consider appropriate to the situation and in line with this Policy and Guidance. The staff member should record the incident, on a centralised log, together with details of the actions taken by them and should refer the matter to their line manager who, in conjunction with their Head of Service, will consider what appropriate action to take in line with the Violence at Work Policy. This in no way prevents a member of staff from terminating a conversation and/or meeting should they experience aggressive or abusive behaviour which they consider unacceptable.
5.2 It will be the responsibility of Line Managers to ensure that their staff are properly supported when raising concerns relating to non-violent unacceptable actions by customers, in line with supplementary guidance. Line Managers will also be responsible for updating relevant staff as to the outcome of any investigation. Staff are responsible for reporting all suspected unacceptable actions and for complying with measures put in place to ensure their health, safety and well-being at work. Wherever possible, a customer will be given the opportunity to modify their behaviour or action before a decision is taken to restrict their contact.
5.3 With the exception of such immediate decisions taken at the time of an incident, a decision to restrict contact of a complainant is only taken after careful consideration of the situation by a Head of Service. Complainants will be informed in writing why a decision has been made to restrict future contact, the restricted contact arrangements and the length of time that these restrictions will be in place.
6. Appealing a Decision to Restrict the Method of Contact
6.1 A complainant can appeal a decision to restrict contact. If they do this, HLH will only consider arguments that relate to the restriction and not to either the complaint made or to our decision to close a complaint.
6.2. An appeal could include, for example, a complainant arguing that their actions were wrongly identified as unacceptable, the restrictions were disproportionate or that they will adversely impact on the customer because of personal circumstances.
6.3 The Chief Executive will consider the appeal (both the circumstances and decision to restrict contact) and will advise the complainant in writing that either the restricted contact arrangements still apply or a different course of action has been agreed. Appeals involving the Chief Executive will be escalated to the Chair of the HLH Board (or their nominated representative) who will consider the appeal as the Chief Executive’s line manager.
7. Recording and Reviewing a Decision to Restrict Contact
7.1 HLH will record all incidents of unacceptable actions by customers.
7.2 Where it is decided to restrict contact HLH will keep a note on the relevant paper or electronic file and will record restrictions on a centralised log and the Senior Management Team will review the status of all complainants with restricted contact arrangements on a regular basis.
7.3 A decision to restrict a customer’s contact will be reconsidered if the customer demonstrates a more acceptable approach.
8. Review and Availability
8.1 This policy and guidance will be reviewed on a regular basis to make sure that its aims are being achieved.
