Unacceptable or unreasonable customer communications and behaviour

1.1 Everyone deserves to be treated fairly and with respect. We strive to ensure that we treat all individuals impartially and with courtesy. We do not accept and will not tolerate unacceptable behaviour or communication by anyone towards our staff, either on our premises or when we are delivering services in the community.

1.2 Anger and frustration are acceptable and understandable emotions.  However aggressive, violent, offensive, or discriminatory behaviour and language will not be tolerated.

1.3 When considering this policy, the term ‘individual’ applies to any individual accessing services or contacting the Council, including their family members, guardians, supporters, carers and / or representatives who may be in contact with us on their behalf and those who may be impacted by the work that we do.

1.4 The term ‘staff’ applies to anyone working for or on behalf of West Northants Council, our partners and stakeholders including elected members, regardless of where they are working (e.g. in an office, a care home, a recycling centre or out in the community).

1.5 This policy aims to set clear expectations regarding acceptable behavior for all individuals when interacting with the West Northants Council. It outlines what we consider to be unacceptable behavior and the steps we may take to address it. By adhering to this policy, we can maintain a respectful and safe environment for everyone.

1.6 We will record and share information relating to individuals where it is necessary to apply this policy, so that we can protect our staff, resources, and other members of the public. 

2.1 The strategies proposed in this document are made on the understanding that they are relevant and applicable to all individuals, their representatives, relatives, carers, guardians, staff, partners, former employees, and elected members of the organisation.

2.2 The definition of ‘unacceptable’ and ‘unreasonable’ customer behaviour may also be understood as ‘persistent’ and / or ‘vexatious’ behaviour and this applies to all verbal, physical and written contact with the Council, as described above.

2.3 In applying this policy, we are following best practice guidance from the Local Government and Social Care Ombudsman (LGSCO) and the Information Commissioner’s Office (ICO) their recommended resources may be found here and for the ICO.

3.1 Examples of what we consider to be ‘unacceptable’ and / or unreasonable behaviour may include but is not limited to:

3.1.1 Abusive communications including verbal or written communications using rude, abusive, racist, homophobic, or foul language or remarks, including in relation to any of the Protected   Characteristics under the Equality Act 2010.

This includes and is not limited to using derogatory, threatening, abusive, demeaning, offensive or discriminatory language in written correspondence and online (including social media).

3.1.2 Threatening and / or the actual physical abuse of staff.

3.1.3 Damage to Council property.

3.1.4 Sending multiple correspondence to a variety of staff or services - to maintain an argument.

3.1.5 Using bullying or coercive behaviour, emotional blackmail and/or manipulation to try and get met or revisited.

3.1.6  Prolonged and repeated contact beyond the point at which the Council’s processes have been exhausted or actions have already been put in place to address the concerns raised.

3.1.7 Making defamatory, false and/or inflammatory claims about the Council and/or staff which are not based on any valid evidence; and / or.

3.1.8 A failure to comply with arrangements that have been made in line with this policy.

3.2 Examples of what we consider to be ‘unreasonable and/or persistent’ communication may include but is not limited to:

3.2.1 Refusing to specify the grounds of a complaint or enquiry, despite offers of assistance.

Refusing to engage with the Council’s policies and standards including arrangements agreed under this policy.

3.2.2 Repeatedly demanding responses within an unreasonable timescale.

Demanding responses from several officers on the same subject.

3.2.3 Making unjustified complaints about officers who are trying to deal with the issues.

3.2.3 Insisting on seeing a certain officer when that is not possible.

3.2.4 Repeatedly attending Council offices to try and discuss the matter without a pre-arranged appointment.

3.2.5 Submitting false documentation.

3.2.6 Covertly recording meetings or conversations without agreement of those involved.

3.2.7 Making serial complaints about various matters or continuing to raise the same or similar matters repeatedly.

3.2.8 Inundating the Council with emails, telephone calls, or copies of information that have already been submitted or that are irrelevant to the enquiry, request, or complaint.

3.2.9 Pursuing parallel complaints on the same issue with a variety of organisations.

3.2.10 Refusing to follow the Council or Ombudsman procedures or continuing to correspond when the procedures have been exhausted.

3.2.11 Refusal to engage in efforts to reach resolution.

3.2.12 Introduction of trivial or irrelevant information whilst the complaint is being investigated and expecting this to be considered and commented on.

3.2.13  Denying statements that have been previously made.

3.2.14 Changing the basis of a complaint or enquiry as the investigation proceeds.

We are committed to maintaining a safe and respectful environment for all members of the public and our staff. We expect everyone to treat each other with courtesy and respect. We do not tolerate any form of abuse, aggression, discrimination, or violence towards our staff or other members of the public.

5.1 To ensure the safety and well-being of all individuals, we are unable to provide support to individuals who appear to be intoxicated or under the influence of substances.

5.2 If, because of intoxication or substance influence, an individual presents in a manner that prevents us from offering effective assistance, we may respectfully decline service at that time and where necessary ask that they leave the premises.

5.3 Support may be resumed once the individual is able to engage with us in a way that allows for a safe and productive interaction.

6.1 We are committed to supporting all individuals, including those experiencing mental health challenges.

6.2 When an individual presents in crisis and their behavior becomes inappropriate, our priority is to ensure the safety and well-being of both the individual and our staff.

6.3 We will approach these situations with empathy and professionalism, aiming to de-escalate the situation through calm communication, active listening, and where appropriate, involving trained mental health professionals or emergency services.

6.4 If an individual threatens harm to themselves or others during our interactions, we will consider disclosing this to a relevant health professional.

6.5 In severe cases, we may also involve the police and / or other emergency services to ensure their welfare. 

6.6 Where we consider that an individual may require additional support or involvement from Social Services, we will follow our safeguarding referral processes to ensure their health, safety, and wellbeing 

7.1 We recognise that the audio or video recording of some interactions with the Council might be helpful to support individuals, but this should be intended for the individual’s personal use only and should be done openly and with the full knowledge of all those persons being recorded.

7.2 You should not covertly record our staff.

7.3 Staff may reserve the right to withdraw their permission to be recorded at anytime.

7.4 Members of the public should not record any interactions without a valid reason.

7.5 Recordings should not be published or broadcast online or social media.

7.6 Recordings should remain in their original format and should not be edited or changed. 

7.7 The Council will reserve the right to take appropriate action to address any inappropriate recordings of our staff, services and premises.

8.1 Where an individual continues to behave or communicate in a way which is considered unacceptable or unreasonable, a senior manager in consultation with the Complaints Manager and a Health, Safety and Wellbeing Advisor will consider if it is appropriate to apply the strategies described in this policy.

8.2 Consideration will be given to the individual circumstances of a case, any vulnerabilities or reasonable adjustments required by an individual when applying this policy.

8.3 Where an individual’s behaviour is so extreme that it threatens the immediate safety and welfare of the Council’s staff or others, we will consider other options. For example, this may include reporting the matter to the Police or pursuing legal action. In such cases we may not give the individual notice of that action.

8.4 In some circumstances we reserve the right to withdraw services if continuing presents a risk to the health, safety and wellbeing of our staff and / or the public. 

9.1 This policy also applies to individuals with assessed social care needs who are in receipt of services provided directly by the Council or by one of our providers, regardless of where the services are provided (i.e. within the individual ’s home, a day centre, a care home, a respite facility or in the community).

9.2 The Council may suspend or withdraw a service if a service user’s behaviour (or the behaviour of their visitor, relative or carers) puts staff or others at risk, in line with the Health and Safety at Work Act 1974.

9.3 All decisions will be taken in full consideration of an individual’s circumstances, including whether the behaviour displayed is proportionate to the individual’s experience, their responsiveness to appeals to change their behaviour and their cooperation alongside any jurisdictional or statutory issues that may dictate the relationship that they have with us.

9.4 Where a service user’s behaviour stems from the type of need that the Council is under an obligation to meet (e.g. mental health problems), caution is required in determining what constitutes unacceptable or unreasonable behaviour.

9.5 The decision to suspend or withdraw social care services will always be a last resort and will only be taken after exploring all other options.

9.6 The decision to suspend or withdraw social care services will only be made following discussions with a Service Manager.

10.1 This policy may be applied when it is agreed that behaviour and / or communication meeting the description given in this policy has been displayed.

10.2  A Verbal Warning - If we consider that an individual's behaviour or communication has been  unacceptable and / or unreasonable, then we will tell them why and ask that they stop.

10.3 An Informal Written Warning - In follow up to a verbal warning or where this is not possible an informal written warning will be provided to the individual to remind them of our expected behaviours.

10.4 A Formal Written Warning - For repeated or more serious offences a formal written warning will be issued to the individual to ask that they cease their unacceptable behaviour and / or communication and will advise them of the action we will take to address this.

10.5 Restricting Contact - To a specific method of communication only, such as e-mail or writing. Requesting that contact is only made at a particular day or time or to a specified e-mail address or person to protect staff and resources

10.6 Limit Service where it is necessary an individual’s access to certain services may be temporarily restricted.

10.7  Suspension or Termination - In severe cases, the individual’s access to services may be suspended or terminated.

10.8 Ban from Premises - Individuals who continue to violate the policy may be asked to leave the premises immediately. Persistent offenders may be banned from accessing the Council premises for a specified period or indefinitely. The Council’s trained security staff may be deployed to deal with an individual refusing to leave our premises, and the individual may be physically removed.

10.9 Legal Action - In cases of severe aggression, violence, or threats, legal action may be pursued. 

11.1 If an individual's behaviour has gone too far, then it may be necessary for us to limit or restrict contact to protect staff and resources.

This may include:

11.2 refusing contact by telephone.

11.3 restricting contact to writing only.

11.3 restricting contact to email only.

11.4 restricting correspondence to a designated person (a Single Point of Contact SPOC).

11.5 restricting contact to a designated e-mail address.

11.6 If the behaviour continues after warnings letters are issued, we may refuse further contact and refuse further responses.

11.7  We do not have the power to restrict the statutory rights of individuals in relation to the Freedom of Information Act and the General Data Protection Regulation (GDPR), but in continuing to uphold an individual's ‘right to request’ information, the above strategies may be used to manage communication.

12.1 In some circumstances we may limit an individual’s contact to a single staff member.

12.2 The use of a Single Point of Contact (SPOC) will be instructed by a Senior Manager with support from the Council’s Legal and Democratic Services. A Single Point of Contact is intended to help manage the impacts of an Individual ’s behaviour (as detailed in this document).

12.3 The SPOC will be a single named contact who will `take receipt of, record and monitor all further contact from the Individual and/or their representative.

12.4 Where necessary a member of staff in the Council’s Legal Team may be appointed as the designated SPOC.

12.5 If the decision is taken to limit contact to a SPOC, then the individual will receive a ‘Notification letter” explaining why their conduct is causing a problem and explaining the restrictions that may be applied if that behaviour persists.

12.6 This letter will give the name and contact details of the SPOC, give full reasons for the arrangement, the duration that the restrictions will apply and a timescale for the arrangements to be reviewed.

13.1 Where an individual continues to behave in a way which is unacceptable or overrides the restrictions imposed under this policy and having sought legal consideration, we may decide to refuse all contact with the Individual.

13.2 If this is the case, the individual will receive a “cease and desist” letter. At this point, the Council may choose to signpost the individual to the relevant regulator, and the possibility of resolving their issue will no longer be available.

13.3 Any further contact from the Individual may be recorded but will not receive an acknowledgement or reply.

14.1 Local authorities have a responsibility to ensure workplace health and safety by recording and  investigating incidents and accidents that occur within their jurisdiction.

14.2 Under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), local authorities are required to record reportable work-related injuries, occupational diseases, and dangerous occurrences that are brought to their attention. This information helps identify risks, enforce safety regulations, and prevent future incidents.

14.3 Where is necessary to do so, any incidents involving staff and / or members of the public which are identified under this policy will be recorded via our health and safety procedures.

15.1 An authority may share details about an individual to protect staff when there is a legitimate health and safety concern. Under the Health and Safety at Work Act, employers and relevant authorities have a duty to ensure the safety and well-being of employees.

15.2 We operate within the guidelines of personal data rights. We share data between colleagues to make sure that everyone has the correct information we need to help everyone in a swift and efficient manner.

15.3 Data is kept if it is relevant to the service we provide, we may keep data referencing unacceptable behaviour and communications from members of the public discovered during an interaction, for example, to prevent harm or violence, support coerced partners, document parental behaviour, manage risks and safeguard vulnerable staff.

15.4 Any disclosure of personal information will be proportionate, lawful, and necessary, ensuring compliance with GDPR (General Data Protection Regulation) to protect individual privacy while prioritising safety.

16.1 Any restrictions placed on an individual’s contact will be reviewed on a six-monthly basis or sooner if there are reasonable grounds to do so.

16.2 Where it is appropriate, we will notify the individual that the restriction has been reviewed and the outcome of that review.

16.3 Restrictions will only be removed if there has been significant change in the individual’s communication and / or behaviour or if there is a change in circumstances which impacts on the way that we must deal with the individual and / or their representative.

16.4 Restrictions will stay in place where there is no evident change in the behaviours described within this policy OR where further contact with the individual will unnecessarily restart a cycle of negative interaction.                                         

17.1 The UK General Data Protection Regulation (UK GDPR) includes personal data rights for individuals whose information is held by the Council, including those whose behaviour is captured by this policy.

17.2 Subject to some exceptions, individuals have the right to request copies of their personal data held by the Council.

17.3 An individual has the right to request personal data to be amended, updated, or removed where it can be shown to be inaccurate or irrelevant and where there is no statutory requirement to retain it.

17.4 The Council may apply the principles of the FOIA s14 vexatious or repeated requests to enquiries where it can be shown they meet the same thresholds as detailed in the ICO guidance. Further information on section 14 can be found on the Information Commissioners web pages.