Complaints policy

Managing unreasonable actions

In a small number of cases, individuals may act in ways that hinder our ability to respond effectively to a complaint. We follow the Local Government and Social Care Ombudsman and Housing Ombudsman’s Joint Complaint Handling Code to balance staff safety and your rights.

What you can expect from us

When you complain to us, we will handle your complaint in accordance with the appropriate and relevant complaints policy. In doing so, we are committed to:

• listening to your concerns, taking them seriously, and treating you with respect
• providing good customer service, communicating clearly and providing timely responses
• dealing with complaints impartially, objectively and professionally
• checking any relevant legislation, council policy, and guidance related to your complaint
• ensuring you do not receive adverse treatment because you have made a complaint
• making reasonable adjustments to accommodate
• any disabilities or vulnerabilities you may have in line with the Equality Act 2010
• putting things right by finding the right remedy to resolve your complaint
• regular monitoring our performance, with data published on complaint volumes, outcomes, and learning
• learning from any fault to prevent the same thing happening again
• whenever possible, informing you of any changes or service improvements made because of your complaint
• notifying you if we consider any of your actions when dealing with your complaint to be unreasonable

What we expect from you

In return, when making a complaint we expect you to:

• treat staff with respect and courtesy
• engage constructively with the complaints process
• provide clear and relevant information
• respect complaint timelines
• accept reasonable decisions and outcomes
• avoid excessive, abusive, or threatening contact

What are considered unreasonable actions

We will consider each case individually based on the unique circumstances and nature of your complaint. Unreasonable actions may include:

• excessive or unreasonably persistent volume of contact (calls, emails, visits)
• making excessive demands on staff time
• aggressive, abusive, discriminatory, or threatening language or behaviour
• failing to clarify the issues in a complaint, or frequently changing a complaint
• making the same complaint with no new evidence
• refusal to accept decisions or documented facts
• overly focusing on minor or unrelated issues
• recording staff without consent
• making unjustified complaints about staff who are trying to deal with the issues, and seeks to have them replaced
• providing false information
• demanding responses outside the timeframes specified in the complaints policy

Persistent contact

When assessing whether someone's actions are unreasonable, we will differentiate between persistence and unreasonable persistence. We will always respect your right to pursue your concerns and being persistent is not unreasonable on its own. However, we will consider persistence to become unreasonable if:

• you raise the same issue repeatedly without presenting new evidence or arguments
• you refuse to accept a decision that we have already fully and fairly explained
• the volume or nature of contact begins to disrupt our ability to carry out our work
• you demand disproportionate resources or responses beyond what is reasonable
• your contact is having a detrimental impact on our staff

We will always consider the context of these actions, including any vulnerabilities or communication needs, when determining if it is unreasonable.

How we will respond

Informal warning

If we are concerned that you are acting unreasonably, we will:

• share our concerns with you
• advise what we would like to change
• offer any reasonable adjustments

An informal warning can be issued by any member of staff involved in your complaint.

If you no longer continue with the actions we are concerned about, we will take no further action.

Formal warning

If we remain concerned with your actions after an informal warning, we will:

• issue a formal warning and explain our concerns
• include examples of our concerns
• advise that we will monitor your actions and the timeframe this will apply
• advise the consequences of continuing the actions we are concerned about
• ask again if you require any reasonable adjustments
• include a copy of this policy

A formal warning will be sent by a person more senior than the staff member who issued the informal warning.

If you no longer continue with the actions we are concerned about, we will take no further action.

Decision to restrict contact

As a last resort and after we have issued an informal and a formal warning, and you continue to act unreasonably, we may decide to restrict contact.

We will write to you to explain:

• the actions we consider to be unreasonable
• the restrictions we have placed on you because of your actions
• the terms and timeframe of those restrictions
• how we have considered reasonable adjustments under the Equality Act 2010
• how you can complain about our decision

A decision to restrict contact will be made by a Service Manager in consultation with the Corporate Complaints team.

We will only restrict contact after we have sent you a formal warning, have seen no change in your actions, and have compiled evidence to support our decision.

Types of restrictions

Restrictions we may put in place include:

• restricting contact to one named contact or email address
• restricting telephone calls to a specific day and time
• restricting contact through a mediator or other third-party
• declining to respond to issues that have already been addressed

Implications of restricting contact

When restricting contact, we will:

• record information about your restrictions on any relevant case management system, including health and safety systems
• continue to provide essential services
• complete our investigation into your complaint

The terms of your restrictions may require you to submit any correspondence to your named single point of contact. Having restrictions in place does not affect your ability to:

• make any new complaints
• submit any service requests
• submit a Freedom of Information or Subject Access request

Review of restrictions

Any restriction will be reviewed at least every 12 months.

We will write to you to advise the outcome of the review and provide details of how you can complain about that decision.