Policy on Unacceptable Actions by Customers

This Policy sets out Glasgow City Council's (GCC and ALEOs) approach to the relatively few customers whose actions or behaviour we consider unacceptable. The term also includes anyone acting on behalf of a customer or who contacts us in connection with our business. The principles set out in this Policy also apply to our dealings with customers who are complaining about us. This Policy should be read and understood along with the council's Comments, Compliments and Complaints Procedures. This Policy updates the previous policy from November 2015.

Definition

People may act out of character in times of trouble or distress. There may have been upsetting or distressing circumstances leading up to a customer coming to us. We do not view behaviour as unacceptable just because a customer is forceful or determined. However, the actions of customers who are angry, demanding, obsessive, prolific, repetitive, harassing or persistent may result in unreasonable demands on our resources or in unacceptable behaviour towards our staff. It is these actions that we consider unacceptable and aim to manage under this Policy. We have grouped these actions under three broad headings:

Customers may make what we consider unreasonable demands on us through the amount of information they seek, the nature and scale of service they expect or the number of approaches they make. What amounts to unreasonable demands will always depend on the circumstances surrounding the behaviour and the seriousness of the issues raised by the customer.

Examples of actions grouped under this heading include:

• Demanding responses within an unreasonable time-scale;
• Insisting on seeing or speaking to a particular member of staff;
• Continual phone calls or letters;
• Repeatedly changing the substance of the issue or complaint, or raising unrelated concerns: and;
• Continuing to raise the same issue in the hope of eliciting a different response from the council
• Focusing on a trivial matter to an extent which is out of proportion to its significance
• An unwillingness to accept documented evidence of services provided as being factual
• Persists in pursuing a complaint where the formal Complaints Handling Procedure has been followed, implemented and exhausted and refuses to progress the complaint to the next stage (see 3.4.5 below)
• Where a relative/carer/friend complains on behalf of someone who may not have a complaint themselves
• Insisting they have not had an adequate response in spite of a large volume of correspondence specifically answering their questions/concerns

We consider these demands as unacceptable and unreasonable if they start to impact substantially on the work of the department involved, such as taking up an excessive amount of staff time to the disadvantage of other customers, services or functions.

We recognise that some customers will not or cannot accept that we are unable to provide a level of service other than that provided already. Customers may persist in disagreeing with the action or decision taken in relation to their issue or complaint, or contact us persistently about the same issue.

Examples of actions grouped under this heading include:

• persistent refusal to accept a decision made in relation to an issue or complaint;
• persistent refusal to accept explanations relating to what we can or cannot do; and,
• continuing to pursue an issue or complaint without presenting any new information.

The way in which these customers approach us may be entirely reasonable, but it is their persistent behaviour in continuing to do so that is not.

We consider the actions of persistent customers to be unacceptable when they take up what we regard as being a disproportionate amount of time and resources.

If the customer has made a formal complaint using the council's formal Complaints Handling Procedure, the council will advise the customer at the conclusion of Stage 2 of that process that, should they remain dissatisfied, they have the right to ask the Scottish Public Services Ombudsman (SPSO) to investigate their complaint. At this point the council will consider the matter closed, pending the SPSO investigation, and will make no further comment to the customer(s).

There are very few customers whose actions we consider unacceptable. We aim to manage these actions based on their nature and extent. If our ability to do our work and provide a service to others is affected adversely, we may need to restrict that customer's contact with us in order to manage the unacceptable action.

• We aim to do this in a way, wherever possible, that allows a complaint to progress to completion through our Comments, Compliments and Complaints Procedure.
  • We may restrict contact in person, by telephone, fax, letter or electronically or by any combination of these.
  • We try to maintain at least one form of contact and this sometimes takes the form of identifying a named officer that the customer may only contact. No other officers would have direct contact with the customer in this circumstance.
  • In extreme situations, we tell the customer in writing that their name is on a 'no personal contact' list for specific council departments. This means that they must restrict contact to our Customer Care Team only, whether this is in writing, personal contact or through a third party.
  • In some, extreme, circumstances a customer may be advised that he/she is not permitted on council premises. This measure is usually taken in consultation with Police Scotland.
  • Although a customer may find themselves subjected to the Policy through contact with a specific council service (s), the Chief Executive's Department manages the restrictions on behalf of the council family.
• The threat or use of physical violence, verbal abuse or harassment towards staff is likely to result in the ending of all direct contact immediately with the customer. Incidents may be reported to the police. This will always be the case if physical violence is used or threatened.
• We also view the use of social media networks, such as Facebook, Twitter and YouTube to be covered by this policy. The preceding list is not exhaustive. The council has a zero tolerance policy if explicit threats are made against its staff on such outlets, and will always refer the matter to Police Scotland.
• We do not deal with correspondence (letter, fax or electronic) that is abusive to staff. When this happens we tell the customer that we consider their language offensive, unnecessary and unhelpful. We ask them to stop using such language and state that we will not respond to their correspondence. We may require future contact to be through a third party if they persist.
• Staff will end telephone calls if the caller is considered aggressive, abusive, offensive, unnecessarily repetitive or the time taken by the caller is disproportionate to the issues raised. The staff member taking the call has the right to make this decision, tell the caller that the behaviour is unacceptable and end the call if the behaviour does not stop.
• Where a customer repeatedly phones, visits, sends irrelevant documents or raises the same issues, we may decide to:
  • only take telephone calls from the customers at set times on set days or put an arrangement in place for only one member of staff to deal with calls or correspondence from the complainant in future. The Corporate Customer Care Team, on behalf of the Chief Executive, will arrange this;
  • require the customer to make an appointment to see a named member of staff before visiting the office; or,
  • that the customer contacts the office in writing only;
  • return the documents to the customer or, in extreme cases, advise them that further irrelevant documents will be destroyed; or
  • take other action that we consider appropriate.
• Where a customer continues to correspond on a wide range of issues, and this action is considered excessive, then they will be told that only a certain number of issues will be considered in a given period and asked to limit or focus their requests accordingly.
• Customer action may be considered unreasonably persistent if all internal review mechanisms have been exhausted and the customer continues to dispute the council decision relating to their complaint or issue. The customer will be told that no future phone calls will be accepted or interviews granted concerning this complaint or issue. Any future contact by the customer on this issue must be in writing. Future correspondence is read and filed, but only acknowledged or responded to if the customer provides significant new information relating to the complaint or issue.

Where appropriate, we will always respect the confidentiality of a customer. However, confidentiality is not an absolute obligation as the law has always recognised that where appropriate it is permissible to release information which would normally be confidential if this is necessary to fulfil an overriding public interest, such as protecting someone else from harm. There may be cases where the professional's view is that there is no substance behind such a threat. If someone threatens someone else, we should be able to take appropriate steps in response such as alerting that person, the police or associated agencies.

Staff that directly experience aggressive or abusive behaviour from a customer have the authority to deal immediately with that behaviour in a manner they consider appropriate to the situation and in line with this Policy and the Violence at Work Procedure.

With the exception of such immediate decisions taken at the time of an incident, decisions to restrict contact with the council are only taken after careful consideration of the situation by a senior member of staff, Wherever possible, we give a customer the opportunity to modify their behaviour or action before a decision is taken.

Customers will be issued with a warning letter containing a copy of this Policy. They will be told why their actions are deemed to be unacceptable, and asked to moderate this behaviour. If this is not done, then they will be told that a contact restriction can be put in place. It should be noted that, in around half of all cases, a warning letter has the desired effect with the customer moderating their behaviour accordingly. In certain circumstances, where a customer's behaviour has been deemed particularly vexatious or unreasonable, the council reserves the right to impose some form of restricted contact without issuing a formal warning letter. The customer's right of appeal is unaffected.

When a decision has been made to restrict future contact, the customer will be written to with details of the restricted contact arrangements and, if relevant, the length of time that these restrictions will be in place.

If a serious threat of violence is made, then a warning letter is not necessary and the customer can be issued with a restricted contact letter immediately.

Where a decision is made to restrict a customer's contact we will always try to ascertain if that customer is known to Social Work Services, and whether any reasonable adjustments are required. For example, where a customer faces restricted telephone contact, due to unacceptable behaviour, and is unable to read or write to a standard where he/she may therefore be denied legitimate access to a service, we may consider adjusting the restriction to provide the customer with a named officer who shall be the sole point of telephone contact.

Where a customer has mental health issues, and is a client of Social Work Services, that customer's social or care worker may be an appropriate point of contact under the circumstances described above.

Where any restriction provides the customer with a sole point of contact, and the customer continues to attempt to contact multiple officers, the additional contact which falls outside of the restriction will be disregarded.

A customer can appeal a warning letter, on the grounds of factual inaccuracy. They can do so, in writing only, to the Corporate Customer Care Team, within 10 working days of receipt of the letter.

A customer can appeal a decision to restrict contact. This must be done within 10 working days of receipt of the letter. A senior member of staff who was not involved in the original decision will consider the appeal. They advise the customer in writing that either the restricted contact arrangements still apply or a different course of action has been agreed. This should be done within 10 working days.

Where it is decided to restrict customer contact, an entry noting this is made in the relevant file and on appropriate computer records.

A decision to restrict contact may be reconsidered if the customer demonstrates a more acceptable approach. The Corporate Customer Care Team reviews the status of all customers with restricted contact arrangements on a bi-annual basis.

All customers who receive correspondence under the Policy have their restrictions reviewed at the twice-yearly meeting held to review all active Unacceptable Actions Policy restrictions. The outcome from any review may be to continue with the restrictions, amend the terms of the restriction, or lift the restriction.

All correspondence relating to the Unacceptable Actions Policy will be in writing and by letter.

The council publishes its Unacceptable Actions Policy on its website.

Changes to the Unacceptable Actions Policy are to be brought to the appropriate council committee for noting. This Policy will be reviewed every three years with the next review due towards the end of 2021.