Unreasonably persistent complainants policy

1. Policy statement

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. In most cases, this is a straightforward process. However, occasionally a complainant will try to pursue their complaint in a way that not only obstructs the investigation of their complaint, but also creates significant resource issues for the Council.

This document explains how Waverley will deal with unreasonably persistent complainants and unreasonable complainant behaviour.

2. Policy aims

The aims of this policy are to:

• Help the Council to deal with unreasonable and unreasonably persistent 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.

3. Scope of policy

• 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 other customers. The implementation of this policy is one of a number of ways in which the Council can protect its staff from harassment and harm.
• Unreasonable behaviour of this kind can occur either while the complaint is being investigated, or once the authority has completed its investigation.

Definition of an unreasonable or unreasonably persistent complainant

The Council considers an unreasonable or unreasonably persistent complainant to be someone who, because of the frequency or nature of their contacts with the Council, hinders the authority’s consideration of their complaints or complaints made by other customers.

4. Operation of the policy

All decisions to designate a complainant as either unreasonable or unreasonably persistent will be taken by the relevant Head of Service in consultation with appropriate members of staff and the Corporate Complaints Officer.

The Council will ensure that any action 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 procedure for dealing with unreasonable and unreasonably persistent complainants is set out in appendix 1.

5. Author and feedback

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

6. Related information

• Corporate Complaints Policy
• Health and Safety Policy
• Staff Safety Register
• Equality and Diversity Policy
• Local Government Ombudsman’s guidance note on management of unreasonable complainant behaviour

Appendix 1 - Procedure for dealing with unreasonable and unreasonably persistent complainants

1. A Head of Service in conjunction with the Corporate Complaints Officer (CCO) and, if appropriate, the Emergency Planning, Resilience and Safety Officer (EPRSO), will meet to consider whether a complainant should be designated as unreasonable or unreasonably persistent.

2. The following options will be considered:

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

3. If a decision is taken to apply restricted access, the relevant Head of Service 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).

4. If considered appropriate, where the complainant could be considered a potential risk to staff, the EPRSO will record the complainant’s details on the Staff Safety Register and inform the complainant accordingly including that the entry will be reviewed every six months.

5. The EPRSO will review the entry on the Staff Safety Register every six months and if the complainant is no longer considered to be a risk their details will be deleted from the register and the complainant informed.

6. The HoS and CCO will be responsible for reviewing the need to apply restricted access arrangements at six monthly intervals.

SPOC Procedure

If a decision is taken to assign a complainant with a single point of contact (SPOC), the following actions will be taken:

1. An appropriate SPOC will be identified by the CCO.

2. The SPOC will write to the complainant, with the support of the CCO, enclosing a copy of the policy to explain why the decision has been taken.

3. The letter will make clear what this means for the complainant’s future contacts with the Council and how long any restrictions on access will remain in place (usually 12 months in the first instance). The complainant will be informed that any future correspondence will be read and placed on the file by the SPOC, but not acknowledged, unless it contains material new information which requires a response.

4. The CCO will record the decision on the CRM by:

a) Selecting a Single Point of Contact on the Flag Assignment box.

b) Indicate who is the SPOC in the ‘Person Comments’.

c) The reasons for this decision in the ‘Person Comments’.

d) Include a date for a six month review in the ‘Person Comments’.

5. The SPOC will send an all staff and councillors email informing them that all communication must now be handled by the SPOC.

6. The complainant’s name will be added to a list kept up-to-date by the CCO on the Complaints page on Backstage which is accessible to all staff.

7. The CCO will be responsible for reviewing the need for a continued SPOC arrangement at six monthly intervals.

8. Further letters or emails from the complainant will be 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.

9. Following a review which determines that the complainant no longer requires a SPOC, the CCO will remove their details from the CRM and the list on the Complaints page on Backstage and inform staff.

Date policy created: 24 February 2015

Date policy last reviewed: April 2022