Management of Unreasonable Customer Behaviour Policy

Unreasonable Customer Behaviour Policy

1. Purpose of the policy

1. This policy sets out the protocol for managing incidents of unreasonable behaviour, whether violent or vexatious, by a customer or member of the public.

2. Introduction

1. Oxfordshire County Council wants to hear from our customers if they have a complaint about our services. We value all feedback, whether good or bad, as an opportunity to improve the way we serve the people of Oxfordshire.
2. Most customers that contact us do so politely and are respectful of council employees and other workers.
3. Even the most challenging customer may have a valid point that needs to be addressed.
4. However, there are exceptional circumstances where behaviour can present an issue to wellbeing or result in an excessive amount of time being spent in response.
5. We do not expect our employees and other workers to tolerate unreasonable behaviour from members of the public or other points of contact.
6. In a minority of cases people pursue their complaints, requests for information or contact with services in a way that is unreasonable. Sometimes this can have a negative impact on the handling of their request. It can also have a significant impact on our resources and on our ability to provide services to our other customers.
7. We take a zero-tolerance approach to discrimination on the grounds of age, race, disability, sex, sexual orientation, gender identity, gender expression, religion or belief, marriage or civil partnership, or pregnancy and maternity. The organisation has a direct duty of care to its employees and other workers, and a responsibility to any associated organisations and/or partners it works alongside.
8. It is therefore vital that any known risks emerging from contacts with our clients, customers and/or suppliers are logged and recorded, and are then available to others who may have contact with that individual, to protect their or our staff's personal safety and/or wellbeing.
9. The purpose of this policy is to set a process by which unreasonable behaviour (whether violent, risk-averse, or vexatious) can be assessed, recorded and made available to employees (on a risk-assessed and need-to-know basis), while recognising also the need to ensure that personal data is managed effectively and appropriately.
10. We are committed to being compassionate, responsive and sensitive to our customers and residents, and to having a trained workforce that can fully support the needs of those groups and respond appropriately to prevent such situations.
11. This policy is by exception only, to manage those extreme behaviours that are beginning to impact staff wellbeing or are unreasonably time consuming.

3. Definitions

1. Oxfordshire County Council recognises that, when a member of the public makes contact, they may have reason to feel aggrieved, upset or distressed. Oxfordshire County Council does not view assertive behaviour (for example, putting forward your case in a persuasive manner) as unreasonable. However, we will manage behaviour that is aggressive, rude, or abusive, or which places unreasonable demands on staff, under this policy.

Unreasonable behaviour may include

Unreasonable behaviour may include one or two isolated incidents, as well as unreasonably persistent behaviour, which is usually an accumulation of incidents or behaviour over a longer period. We differentiate between "persistent" customers and "unreasonably persistent" customers.

• Abusive, offensive, or threatening language on the telephone
• Abusive, offensive, or threatening language face to face
• Sending of abusive, offensive, or threatening correspondence
• Making multiple phone calls about the same or similar concern or request
• Sending multiple emails about the same or similar concern or request
• Leaving multiple voicemails about the same or similar concern or request
• Sending multiple text messages about the same or similar concern or request
• Repetitious behaviour
• Publishing unacceptable information in a variety of media, such as social media websites and newspapers
• Threats of violence
• Actual violence
• Changing the basis of the complaint or request as the matter proceeds
• Denying or changing statements made at an earlier stage
• Covertly recording meetings and conversations
• Submitting falsified documents from themselves or others
• Persistently approaching us through different routes about the same issue
• Persistently seeking an outcome which we have previously explained is unrealistic for policy, legal or other valid reasons
• Refusing to co-operate with the complaints investigation process
• Insisting on complaints being dealt with in ways that are incompatible with the adopted complaints procedure or with good practice
• Raising numerous, detailed but unimportant questions and insisting they are all answered
• Adopting a "scatter gun" approach: pursuing parallel complaints on the same issue with a variety of organisations, or internally with individual officers

1. This list is not exhaustive, nor does any single feature on its own necessarily imply that a person will be considered "unreasonable" in this category. We reserve the right to define unreasonable customer behaviour that may not be on the above list.
2. The net effect of a customer's unreasonable behaviour is sometimes to cause harassment or alarm, and at other times it undermines our ability to deliver a fair service to others. We have a duty to protect our staff, contractors and elected members, and our service provision to all our customers.

Vexatious requests may include

Oxfordshire County Council defines a vexatious request as: "A request that is likely to cause distress, disruption or irritation, without any proper or justified cause", or something that is "manifestly unjustified, inappropriate or improper use of a formal procedure."

The list below is not exhaustive, and for a request to be considered vexatious it is likely that more than one of the examples is relevant.

• Submitting repeat complaints with minor additions or variations that the customer insists make these "new" complaints
• The request is obsessive in nature, for example a high volume of requests, or using requests to re-open matters that have already been dealt with, such as complaints and appeals
• Requests for information the requester has already seen, or a clear intention to reopen issues that have already been considered
• Where complying with the request would impose a significant burden on us in terms of expense, and negatively impact our ability to provide a service to others
• In this situation we will consider section 12 (exemption where cost exceeds the appropriate limit) of the Freedom of Information Act
• The request does not serve a serious purpose
• The request has the effect of harassing us or distressing staff, for example through the use of derogatory language, or by mixing a request with complaints and accusations

1. In defining a vexatious request, we have adopted the Information Commissioner's Office guidance on "vexatious and repeated requests", namely:

"Deciding whether a request is vexatious is a flexible balancing exercise, taking into account all the circumstances of the case. There is no rigid test or definition, and it will often be easy to recognise. The key question is whether the request is likely to cause distress, disruption, or irritation, without any proper or justified cause."

1. We will consider each request for information on its own merits. We will ensure that we consider whether the request, and not the requester, is vexatious, with our focus being on the request itself. The Freedom of Information Act 2000 gives rights of public access to information held by public authorities. However, section 14(1) of the Act protects public authorities from those who might abuse the right to request information. If a request is vexatious or repeated, we do not have to provide any information, or confirm or deny whether we hold it (however, we will issue a refusal notice in the case of an FOI request).

Aggressive or abusive behaviour may include

Instances where a customer displays aggressive or abusive behaviour would be considered excessive. This includes language, oral or written, or behaviour that may cause staff to feel threatened or abused.

• A threat directed at any of our staff, the council itself, or any other person present at the time of contact
• An aggressive or threatening manner that continues after the customer has been asked to change their behaviour or attitude
• Swearing, although swearing on its own will not usually make for unreasonable contact; many people swear as part of their day-to-day conversation. Swearing should only be considered unreasonable if it is abusive, threatening, or unnecessarily persistent or vulgar
• Verbal abuse
• Racist, sexist, or homophobic language
• Derogatory remarks
• Offensive language
• Making inflammatory statements
• Raising unsubstantiated allegations

1. We have a zero-tolerance policy towards threatening or prejudicial behaviour towards any member of staff. Whilst we accept that those in contact with us may feel angry, it is not considered acceptable when that anger manifests as aggression directed at staff or other customers. Consideration will be given as to whether such instances should be reported to the police.

4. Considerations

1. This policy recognises that some behaviour that may be deemed unreasonable or vexatious may be linked to underlying health issues, conditions, or disabilities. In these instances, contact may be made with relevant colleagues, such as Adult Social Care, to determine whether this affects how the individual's behaviour is managed.
2. Additionally, we will take the following factors into consideration before determining whether a customer's behaviour is unreasonable:
   • If a customer has been personally abusive, aggressive or provocative to staff in correspondence, by telephone, face to face, or via social media, there may be grounds to classify them as vexatious
   • It is reasonable for customers to raise legitimate queries or criticisms regarding our response to their complaints
   • Where unreasonable behaviour does occur, this does not automatically mean that the customer cannot make a complaint, nor that their complaint is invalid; it is possible for a person displaying unreasonable behaviour to make a complaint that is subsequently upheld
   • Customer conduct must be put in context, for example whether it stems from reasonable distress at a loss or wrong the customer has experienced
   • Communication difficulties and neurodiverse needs
   • Language barriers
   • The influence of medication, drugs, or alcohol
   • Care will be taken when classifying behaviour as aggressive or abusive; this should not include general rudeness or raised voices
3. If we believe there is a safeguarding concern for a customer, a safeguarding referral will be considered. We have a duty of care for all members of the public that we encounter.
4. There are no hard and fast rules for identifying what language or behaviour constitutes "vexatious", and each case will be reviewed individually.

5. Dealing with unreasonable behaviour

1. Before action is taken.
2. In most instances, before any action is taken under this policy we expect that the customer is informed by staff involved that their behaviour may be classified as vexatious and/or unreasonable, and politely asked to desist. We expect the service involved to try to resolve matters locally where possible and to engage with the customer. The customer may be offered a meeting to resolve concerns. Should the behaviour continue after this, the service may look to take further action and alert relevant colleagues in other affected service areas.

Usually, the next step will be a warning letter sent to the customer. This will explain in detail which aspects of their behaviour are of concern and how we expect them to communicate with us. We reserve the right to move directly to implementing immediate contact restrictions should the incident(s) be sufficiently severe, or where there is an immediate safeguarding concern for staff. There is no one-size-fits-all approach; each case will be reviewed on its own merits.

1. Staff will consult the Unreasonable Customer Behaviour Policy in the first instance to determine whether the behaviour can be classified as unreasonable, or whether a request is vexatious in nature.
2. We recognise that the decision to classify someone's behaviour as unreasonable, or to classify a request for information as vexatious, could have profound consequences for the individual, including restricting their access to services. Before deciding to apply any restrictions, we will ensure that:
   • The original complaint, request for information, or contact with services has been dealt with properly and in line with the relevant procedures and statutory guidelines; this policy will not be invoked if there is insufficient evidence to support our actions
   • We have made every effort to satisfy the request or resolve the issue or complaint
   • We have engaged with the customer using their preferred method of communication

6. Action to take when dealing with unreasonable behaviour

1. Staff are responsible for reporting any potential unreasonable behaviour to their manager, who will assist in deciding whether the case meets the threshold for further action and escalation.

At this point it is likely that the officer dealing with the individual will provide a log of contacts and details of interactions to the appropriate manager as evidence. This should include contact made despite the customer being informed that their behaviour may already fall under this policy; this policy will not be invoked if there is insufficient evidence to support our actions.

For example:

• If the customer has used inappropriate language in an email or letter, retain a copy of the email or letter
• If the customer has been abusive during a phone call to staff, retain a copy of the recording, if available
• If a customer has been abusive during an unrecorded phone call, the officer or councillor involved should make a written record of the call, including the time, date, and a summary of the conversation

1. Evidence provided by the service or officer will be substantiated by the appropriate Head of Service or Director.

An action plan is then formed, comprising:

• Initially, following contact by the service, a triage form will be completed by the relevant staff member to help build a fuller understanding of the circumstances surrounding the contact and how the customer's behaviour is unreasonable. The relevant Director's Office will hold this on record in line with our retention policy
• The service will carry out an impact assessment using evidence of the contact, which will form part of the communication plan. Recommended actions will usually be followed by a warning letter, where deemed necessary and appropriate, if the unreasonable behaviour continues
• A warning letter or email will be drafted by the appropriate manager within the service and sent to the customer

7. Invoking this policy

• If a customer continues to display unreasonable behaviour, the last step is to impose contact restrictions. Contact restrictions are a last resort that limit a customer's contact to a single point of contact, and may involve limiting or stopping face-to-face contact if necessary. They ensure a customer can still access a service within the council while also protecting our resources and staff from abusive, hostile, or otherwise threatening behaviour.
• A decision will be made about how the customer can contact the service. Abusive, hostile, or threatening behaviour will not be accepted and will be reported to the police. However, this is a last-case scenario, and direct contact with the customer should be managed within the service where possible to help maintain a positive relationship.
• The decision to move to formal action, and the communication plan, are signed off by the Director managing the service involved (or their appointed deputy), if required.
• It is the responsibility of the service managers involved to ensure staff safety at all times, and that risk is effectively identified and assessed using our risk assessment approach.
• Where appropriate, the service should notify and engage the Health and Safety team.
• The customer and relevant impacted staff and members are notified of the arrangements by the relevant Director or appointed deputy.
• Future contact is managed using the agreed communication plan, which will be agreed before contact restrictions are imposed.
• Ensuring the customer maintains a relationship with the service is crucial to restorative practice. A customer may be restricted to an indirect inbox where an appropriate risk has been identified that would otherwise have a detrimental impact on individual members of staff or the work they undertake.
• The communication plan is reviewed by the appropriate Director or Head of Service, and relevant staff involved, after a specified time (usually every three months, but this may extend to six, depending on the nature of the correspondence). The customer, relevant staff, and members are notified of the outcome and any changes to how future contact will be managed.
• If the communication plan appears to have had no impact on the identified behaviour or the amount of unnecessary contact, it is recommended that it be renewed for a further period, and the customer notified of this by the appropriate Director or Head of Service. This is also an opportunity to explore other options for managing the contact more effectively, which could include the council needing to consider legal remedies.
• If the behaviour does not improve, the service should contact legal services where appropriate to determine what further action could be taken. It is the responsibility of the service involved to seek advice and instruct the council's legal team as their client.

8. Notifying and recording decisions

1. If Oxfordshire County Council decides to impose restrictions, a letter will be drafted by the relevant Director or Head of Service to the customer, setting out:
2. The reasons why the customer has been judged to be persistent, prolific, or vexatious. This will include any evidence of correspondence that meets the unreasonable customer behaviour policy, such as emails and calls, as outlined in Section 3.
3. The key elements of the proposed future management of representations, including but not limited to:
   • The setting up of a single point of contact if required; this may include an email address, dedicated postal address, or answerphone to collate correspondence from the customer
   • Pointing out that abusive behaviour will now trigger our harassment policy
   • The reference number of any complaint that has reached the Local Government and Social Care Ombudsman (LGSCO) stage, if relevant
   • That we reserve the right not to respond if the proposed future management of representations is not followed, and that any complaint already responded to previously will not be responded to again
   • That the customer is not prohibited from raising other valid complaints, which will be investigated fully, or from providing new information regarding an existing case
4. This letter will be signed and sent by the Director or appointed deputy of the relevant service.
5. A copy of the notification letter and communication plan will be retained on file.

9. New complaints from complainants with restrictions

1. Any complaint about a new issue from a complainant with restrictions under this policy will be considered on its own merits. The customer feedback team will review all new correspondence independently and decide whether the new complaint is justified.

10. Right of appeal

1. A customer can request an appeal of a decision. An appeal must be made in writing, by email or letter, to the relevant Director, who will ask somebody of senior authority, independent of the case, to review the appeal. This must be made within 20 working days of the contact restrictions being implemented, to be considered.

If a request to appeal has been refused, no further appeal may be made.

1. The appeal should set out the reasons why the customer feels the decision to restrict access should not be implemented.
2. The individual reviewing the case will notify the customer of the decision in writing within 10 working days.

11. Ending contact restrictions

1. To mitigate the risk of recurrence, and in the spirit of transparency and fairness, we have developed an agreement that may be put in place with customers once contact restrictions have ended. This will be a behaviour agreement between both parties, stating the agreed measures or actions we will take and the way we expect to be communicated with by the customer. This will be reviewed at six-monthly intervals by the impacted service and the appropriate Director or deputy.
2. Staff who recommended the unreasonable behaviour status at the outset should similarly recommend that this status be withdrawn when appropriate.
3. The service will review the case regularly, every three to six months. If it is felt that the customer has consistently improved their behaviour and sustained that improvement for a period, restrictions may be ended. A letter will be sent to the customer informing them of our decision, approved by the appropriate Director or deputy within the service. Subject to approval, normal contact with the customer will resume.

Ways to help us positively manage future communications may still be requested; for example, the customer may be advised that they will be contacted within a certain time frame following any future requests.

We reserve the right at any point to reinstate contact restrictions, or to take further action, if deemed appropriate.

12. Referring cases to the Local Government Ombudsman and the Information Commissioner's Office

Complaints and Freedom of Information

1. In the event that a customer has open complaints with us and is under contact restrictions, there may be exceptional circumstances where the relationship between us and the customer has broken down to a point where resolution is not possible. In these cases, we may seek to close the case without completing all stages of our complaints procedure, or we may expedite the case to a final stage.
2. We may also seek informal advice and guidance from the Local Government and Social Care Ombudsman (LGSCO) or the Information Commissioner's Office (ICO), but this will not involve sharing personal data in relation to any advice sought.
3. A customer who has been treated as behaving unreasonably may make a complaint to the LGSCO about it. The LGSCO is unlikely to be critical of the organisation's actions if it can show that it acted proportionately and in accordance with its adopted policy.

For further information, please refer to the following:

• Local Government and Social Care Ombudsman
• Information Commissioner's Office