Adopted: 19 August 2024  |  Next Review Date: August 2027

Contents

  1. Policy Introduction
  2. PPC’s policy commitment
  3. Equality Aim and scope of the Policy
  4. Review
  5. Guidance for Officers
    1. Handling vexatious complaints — Complaints regarding the same matter
    2. Complaints about different matters
    3. Restricting Contact
    4. Complainants from vulnerable individuals
    5. Threatening and abusive behaviour or harassment
  6. Record Keeping
  7. Alternative Formats
  8. Freedom of Information
  9. APPENDIX 1
  10. APPENDIX 2

1. Policy Introduction

Perranzabuloe Parish Council (PPC) wants to be informed by its residents when services are delivered to a high standard, so it knows that it is on the right track, but it also wants to know when things go wrong. It is committed to dealing with complaints fairly and impartially and to providing a high-quality service to those who make them. As part of this service PPC does not normally limit the contact that customers have with its officers.

However, a very small minority of residents/public make complaints that are vexatious, in that they persist unreasonably with their complaints, or make complaints in order to unnecessarily aggravate PPC rather than genuinely to resolve a grievance. This may involve making serial complaints about different matters or continuing to raise the same or similar matters repeatedly. Their method and frequency of contact with PPC can hinder the efficient consideration of their complaints and the ability of officers to provide a satisfactory outcome. Some individuals may also display threatening and abusive behaviour or harassment when contacting PPC.

How it manages such complainants will depend upon the individual circumstances of the case. If for instance their actions adversely affect the health and safety of staff and our ability to do our work or provide a service to others, it may need to address unacceptable behaviour by restricting contact with our officers.

Information about individuals who are dealt with under this policy may be stored on either the vexatious complaints register and/or the cautionary contact database. The vexatious complaints register records details of individuals who PPC considers to be unreasonably persistent in making their complaints (Appendix 1 provides some examples). The cautionary contact database keeps a record of individuals who have displayed violent or threatening behaviour during the course of making their complaints or in other dealings with PPC.

Inclusion on a register will mean that there will be a restriction on contact with our officers to either written or recorded communication or through a third-party advocate or representative.

2. PPC’s policy commitment

PPC recognises that it is important to distinguish between people who make a number of complaints because they genuinely believe things have gone wrong, and people who are simply being difficult. It acknowledges that complainants will often be frustrated and aggrieved, and it is therefore important to consider the merits of their case rather than their manner in which they go about their complaint.

Similarly, even though someone has made vexatious complaints in the past, it cannot be assumed that the next complaint is also vexatious. Each complaint must be considered, and a decision made as to whether it is vexatious or genuine. This policy should only be applied in limited and exceptional circumstances and should be viewed as a last resort.

3. Equality Aim and scope of the Policy

This policy and guidance covers all complaints made to PPC. There are separate procedures for handling Freedom of Information (FOI) requests. This and the dealing of vexatious information requests will be handled under PPC’s FOI Procedures and in compliance with the provisions of the Freedom of Information Act 2000.

For illustration Appendix 1 lists a range of scenarios that PPC may consider to be vexatious. This list is not exhaustive. A complainant may display one or several of these behaviours and the officer should exercise their judgment based on their experience with the complainant and the circumstances of the case as to the determination of the treatment of the complainant.

4. Review

This policy and the guidance will be reviewed by PPC’s Finance & Operations Committee annually or when an incident arises which necessitates a review to be undertaken. This will help us ensure that this policy is fit for purpose. In absence of any review, Full Council may review, advise on or implement changes, in relation to this policy.

5. Guidance for Officers

5.1 Handling vexatious complaints — Complaints regarding the same matter

If the complainant (a) refuses to pursue the complaint to the next stage; or (b) the Complaints’ and/or Ombudsman’s processes have been exhausted (where an Ombudsman process is relevant and applies); and (c) the complainant continues to correspond; then the correspondence should be considered by an officer familiar with the complaint. If it raises no significant new matters and presents no new information, the Clerk will write to the complainant to inform them that PPC will not enter into any further correspondence about the matter.

If the complainant still does not heed this information, the Clerk may decide that any further correspondence that does not raise any significant new matters or present any new information may be added to the file but with no further acknowledgment or action.

If the complaint does contain new information of a material nature, this must be evaluated by the officer dealing with the complaint and an appropriate response should then be sent to the complainant. The complainant will then re-enter the complaints procedure at an appropriate stage.

5.2 Complaints about different matters

If a complainant repeatedly makes complaints about different matters, each complaint should normally be considered in the usual way under the complaints procedure. Potential exceptions include:

  • If the volume of correspondence starts to impact on council resources (aggregating across services), it may be useful to hold a meeting with the complainant to find a more effective way to deal with the correspondence and to identify any common thread.
  • If new complaints are trivial or of little or no significance in terms of the service provided, it may be appropriate to close down the complaint with the agreement of the Clerk. The complainant should be advised and given a right of appeal to the Chair or Vice Chair. Further complaints on the same issue should be filed with no further action.
  • Complaints may also be communicated by phone or in person. If repeated calls or visits are disproportionately time-consuming or disruptive, it may be appropriate to restrict future contact. PPC’s policy is for all complaints to be in writing (email or letter), with appropriate exceptions (e.g., disability).

5.3 Restricting Contact

Any restrictions will be agreed by the Clerk and will be appropriate and proportionate to the nature of the complainant’s contacts with PPC at that time. Examples include:

  • Limiting the complainant to one medium of contact (telephone, letter, email).
  • Stricter management of telephone calls (frequency and duration).
  • Requiring the complainant to communicate only with a single point of contact (which may be the Monitoring Officer at Cornwall Council if appropriate).
  • Where a complaint is in progress, asking the complainant to enter into a written agreement about their future conduct if the complaint is to be progressed.
  • Requiring any personal contacts to take place in the presence of an independent third party.
  • Banning a complainant from some or all of PPC’s premises, especially where there is a safety risk to staff or service users. In such cases, the complainant’s name may be added to the cautionary contact database.

Where this policy is applied, the complainant will be told in writing why a decision has been made to restrict future contact, the restricted contact arrangements, the length of time restrictions will be in place (unless for the foreseeable future until confirmed otherwise) and what they can do to have the decision reviewed.

Wherever possible, restrictions will be applied in a way that allows a complaint to progress to completion through our complaints process. PPC will try to maintain at least one form of contact, even if this is through a third party (e.g., solicitors or the Monitoring Officer).

In deciding which restrictions are appropriate, PPC will balance the rights of the individual with the need to ensure other residents and employees do not suffer any disadvantage and that resources are used effectively. When the Officer handling the complaint feels it is appropriate to include a complainant on the relevant register, they should complete the form attached at Appendix 2.

Where it is decided to restrict contact, a note will also be made in the relevant record relating to that complainant. The complainant will have right of access to records containing personal information relating to them (under GDPR 2018). Some information may legitimately be withheld. Officers should seek advice from the Data Protection Officer (the Clerk) if in doubt. The Data Protection Officer or delegated officer must handle such requests for access.

All information held on the register will be reviewed every six months as part of the evaluation and review process for the effectiveness of the policy unless the Clerk has stipulated a shorter period. Reviews should be carried out within 20 working days and reported to the next Staffing Committee meeting for information and monitoring purposes.

Restricting contact does not mean communications from the complainant will not be dealt with. Where further information is provided to investigate the complaint, this should be handled in the normal manner.

In complex or unusual cases, the Clerk may seek advice from the Staffing Committee. This does not preclude the Clerk from performing future reviews; Staffing Committee advice is advisory.

5.4 Complainants from vulnerable individuals

Some individuals may on occasions seem agitated or are otherwise unable to articulate their complaint or dissatisfaction. This may be due to mental ill health, personality disorder or other conditions. Where staff are aware that a complainant may be vulnerable, communication should be handled sensitively. Officers should work with the individual and relevant professionals to find a solution and consider an advocate or appropriate individual to act in the complainant’s interests.

5.5 Threatening and abusive behaviour or harassment

PPC believes that everyone has the right to be treated with dignity and respect and that harassment is totally unacceptable. PPC will work to prevent any form of harassment and, where it has occurred, will work to prevent it from happening again. Harassment is unwelcome and unwarranted behaviour that affects the dignity of an individual or group. It may include:

  • Bullying: offensive, intimidating, malicious, insulting or humiliating behaviour; abuse or misuse of power or authority attempting to undermine or injure.
  • Discrimination or victimisation: inappropriate differential treatment based on identity.

If officers are subjected to threatening or abusive behaviour while dealing with a complaint or become victim of a physical assault, relevant PPC policies should be followed to safeguard wellbeing and safety. A restriction on contact may be imposed immediately at the Clerk’s discretion and, depending on severity, the matter may be reported to the police.

Such behaviour may have wider implications for PPC’s relationship with the complainant beyond complaints handling. Inclusion on the Cautionary Contact Database may be necessary.

PPC officers must take reasonable steps to protect their own health and safety and should refer to policies on health and safety, lone working, risk assessments and guidelines for dealing with violence and abuse at work.

6. Record Keeping

Adequate records will be retained by the relevant service of the details of the case and any action taken. The Clerk will retain as a minimum the following information about complainants where restrictions have been applied:

  • Name and contact details of each complainant;
  • When the restriction came into force and ends (unless ongoing);
  • Review date, outcome and reviewing officer;
  • Details of any restrictions;
  • If and when the complainant was advised of the decision.

7. Alternative Formats

Equality Act 2010 — copies of this document in large print (A3 format) or larger font size can be made available for those with sight impairment on request from PPC Office by telephoning 01637 878388 or emailing the Town Clerk’s Office.

8. Freedom of Information

In accordance with the Freedom of Information Act 2000, this document will be posted on PPC’s website: www.perranzabuloe-pc.gov.uk

Contact

Amanda Lash, PSLCC, CiLCA
Chyanhale, Ponsmere Valley, Perranporth TR6 0DB
Tel 01872 572727

9. APPENDIX 1 — Examples of behaviour of persistent and vexatious complainants (not exhaustive)

  • Refusal to specify the grounds of a complaint, despite offers of assistance.
  • Refusal to co-operate with the complaints investigation process or insisting on handling incompatible with the adopted procedure or good practice.
  • Groundless complaints about employees dealing with complaints or using the procedure to pursue a personal vendetta.
  • Unnecessarily excessive demands on staff time and resources while a complaint is being looked into.
  • Refusal to accept information provided, for no apparent good reason.
  • Changing the basis of the complaint during the investigation and/or denying earlier statements.
  • Making statements or providing manufactured ‘evidence’ known to be incorrect or persuading others to do so.
  • Raising significant new information late which was in the complainant’s possession when first submitted.
  • Introducing trivial or irrelevant new information or raising large numbers of detailed but unimportant questions and insisting on full answers.
  • Lodging numbers of complaints in batches over time, resulting in related complaints being at different stages.
  • Refusal to accept that issues are outside the complaints remit or demanding outcomes the procedure cannot provide (e.g., overturning court decisions, dismissal or criminal prosecution of staff).
  • Electronically recording meetings, telephone calls and conversations without prior knowledge and consent of others involved.
  • Pursuing complaint(s) simultaneously with PPC and other bodies (MP, Councillor, auditor, Standards Board, police, solicitors, Ombudsman).
  • Seeking to coerce, intimidate or threaten staff or others (language, tone, behaviour, body language).
  • Foul, abusive or offensive language.
  • Submitting repeat complaints, after completion of the process, about the same issues with additions/variations claimed to be ‘new’ complaints.
  • Using valid new complaints to resurrect issues included in previous complaints.
  • Persistently contacting PPC and demanding responses or action long after the investigation is closed and all review/appeal rights are exhausted.

10. APPENDIX 2 — Restricted Contact Register Entry Form (authorised officers only)

To complete a Restricted Contact Register Entry Form, please use the following link:

https://forms.office.com/e/2qR7xL0kRq