July 2024: This new chapter is based on guidance from the Local Government and Social Care Ombudsman on how to manage unreasonable actions by complainants.
CONTENTS
1. Introduction
Most adult social care customers behave in a way that is reasonable and acceptable. However, sometimes people will act in a way which is unreasonable and unacceptable, and which staff should not be expected to tolerate.
Situations can escalate, and sometimes customers become abusive, offensive, threatening or otherwise behave unacceptably. In response the local authority may have to restrict the person’s access to premises or staff in order to protect staff from harassment and harm and property from damage.
Some customers may have valid complaints but the manner in which they complain is inappropriate. Others may have complaints which appear to have no substance or which have already been investigated and the outcome decided, but they may not accept that outcome. Their interaction with adult social care may be good-natured but repeated contacts can still place heavy demands on staff time; alternatively those contacts may be emotionally charged and distressing for all involved.
The local authority has to balance its obligations to all its customers and staff, and ensure that other customers do not lose out as a result, and that staff are not exposed to unacceptable working conditions.
Where the customer’s behaviour appears to be unlawful and / or there is an immediate threat to person or property, the police will be called.
2. Definition – What is Unacceptable Behaviour?
Managing Unreasonable Actions by Complainants: A Guide for Organisations (Local Government and Social Care Ombudsman) explains that ‘unacceptable customer behaviour’ may involve a single incident or a small number of isolated incidents, as well as ‘persistently unacceptable behaviour’ which is a build-up of incidents or behaviour over a longer period of time.
Persistently unacceptable behaviour may become unacceptable due to the frequency and / or intensity of contact. This can make it more difficult for the local authority to investigate the situation or those of other customers and can result in significant resource issues for the organisation. Examples include:
- making unjustified complaints about staff who are trying to deal with the issues, and wanting them to be replaced;
- raising many detailed but unimportant questions, and insisting they are all answered;
- adopting a ‘scatter gun’ approach: making complaints on the same issue with different organisations;
- making excessive demands on the time and resources of staff with lengthy phone calls, emails to numerous staff, or detailed letters every few days, and expecting immediate responses;
- submitting repeat complaints with minor additions / variations which the customer insists make these ‘new’ complaints;
- refusing to accept the decision; repeatedly arguing points with no new evidence.
See Managing Unreasonable Actions by Complainants: A Guide for Organisations (Local Government and Social Care Ombudsman) and Complaints chapter.
3. Examples of Unacceptable Actions and Behaviours
The local authority will not tolerate abusive, offensive, threatening, deceitful or other forms of unreasonable behaviour towards its staff, contractors or agents (or their families or associates). This could include one or more of the following:
- threatening or using actual physical violence;
- harassing, verbally abusing, swearing or being aggressive;
- damaging or threatening to damage local authority property or the property of other people lawfully on the premises;
- discriminating against others, for example on the basis of race, age, sex, disability, religion or belief, sexual orientation or any other characteristic protected by law;
- making insulting or defamatory statements about staff or other people.
This behaviour may take place in person, over the telephone, in writing or by some other form of electronic means such as email, text or social media.
3.1 Face to face contact
Local authority premises should be a safe environment for staff and visitors. Staff may ask a customer to leave the premises if they reasonably believe that the customer is being aggressive, abusive or offensive. The person dealing with the customer has the right to make this decision and should advise the customer that their behaviour is unacceptable and ask them to leave if it does not stop.
Staff may ask to inspect the personal bags or cases of customers entering the premises.
Staff might ask customers to leave if they are not adequately supervising any children or adults accompanying them.
Customers may be refused entry if they attempt to bring animals, other than guide or assistance animals, onto the premises.
3.2 Telephone calls
The use of abusive and offensive language towards staff and contractors via the telephone will not be tolerated. Staff will end any telephone call if they feel the caller is being aggressive, intimidating, abusive or offensive. The local authority permits the member of staff taking the call to make this decision.
The caller will be advised that their behaviour and / or language are unacceptable and that the call will be politely ended if it continues. The call may also be ended if the customer refuses to conclude the conversation and persists in staying on the line. There may be occasions when the person involved is unable to give a warning that the call will be ended if the customer’s unacceptable behaviour / language continues, in which case they are permitted to end the call immediately.
3.3 Correspondence
The local authority will not deal with any correspondence (email or letter for example) that is abusive. If such communications are received, the local authority will tell the customer that their communication is considered to be inappropriate and offensive.
The customer will be asked to stop corresponding in this way and told that if they do not stop, adult social care will not respond to any further communication from them. It may also consider requiring all future contact to be made through an agreed third party, such as support agencies or advocacy organisations (see Section 4, Managing Unacceptable Customer Behaviour).
4. Managing Unacceptable Customer Behaviour
When communicating with customers, adult social care staff should always take into account any special requirements the person has and try to use their preferred means of communication where at all possible.
In most cases before any action is taken, adult social care will explain to the customer, by letter or their other preferred means of communication, why their behaviour is unacceptable and ask them to change their behaviour. The communication will include a copy of the council’s acceptable behaviour policy. The customer will be warned that if their behaviour persists, they may be considered as unreasonable and the possible action that can be taken as a result.
Where the behaviour is so extreme that it threatens the immediate safety and welfare of staff, contractors or agents (or their family members or associates) or others, action may be taken without first having sent a written warning to the person. Where appropriate, the matter may also be reported to the police and / or legal action may be taken to address the customer’s’ behaviour.
The decision to define a customer as ‘unreasonably persistent’ or as having acted unreasonably, should be made by a senior manager. Before a decision is taken the following should be considered:
- making sure that, where relevant, the local authority’s complaints procedure has been implemented as far as possible;
- the personal circumstances of the customer and whether any reasonable adjustments should be considered or whether any organisations / support agencies or an advocacy service can provide advice and assistance to the customer to access services / pursue their complaint in a reasonable manner;
- is there clear evidence that despite any relevant offers of support, the customer has acted in such an unreasonable way that action needs to be taken?
Any decision to define a customer as unreasonable should be recorded in writing in their case records, setting out what information has been considered and the reasons for making the decision. This record is important so that adult social care can evidence that it has acted in a fair and proportionate way if this later examined by other local authority departments or outside organisations, such as the Local Government and Social Care Ombudsman.
5. Options for Action
Any action taken must be reasonable and proportionate to the harm being caused by that particular person’s behaviour. This could include one or a combination of the following:
- if adult social care’s consideration of the customer’s issue has ended, this might include ending all communication with them about it and, where appropriate, advising the person of their rights to contact the Local Government and Social Care Ombudsman about it;
- limiting the number of telephone calls / personal contacts with the person in a given time period, or limiting their contact to particular days;
- limiting the time spent on telephone calls / personal contacts with them;
- declining any contact (in person, by telephone email, letter, or any combination of those) with the person except through a single point of contact (which could be a particular person or team);
- restricting access to adult social care premises;
- informing the customer in writing that adult social care will not respond to any further contact with them in relation to the specific issue. The customer will be informed that any correspondence will be only be read, acknowledged and placed on file. (Correspondence will be checked and if any new issues are identified they may be acted on);
- requiring any personal contacts to take place with a witness and in a suitable location.
Any other action that is decided reasonable and proportionate may be taken.
Legal advice should be sought from adult social care legal team, as necessary.
6. Informing the Customer of the Decision
If a decision is taken to restrict access, adult social care will write to the customer with a copy of the local authority’s unacceptable behaviour policy to explain:
- why the decision has been taken;
- what it means for their contacts with the department;
- how long any limits will last; and
- what the customer can do to have the decision reviewed.
Adult social care will keep records to show:
- when a decision is taken not to apply the policy when a member of staff has asked for it to be done; or
- when a decision is taken to make an exception to the policy once it has been applied; or
- when a decision is taken not to put a further complaint from the customer through adult social care complaints procedure for any reason; and
- when a decision is taken not to respond to further correspondence, that adult social care will make sure that any further letters or emails from the customer are checked to pick up any significant new information. When communications about new issues are made by the customer, these will be treated on their merits. Adult social care will consider whether any restrictions applied previously are still appropriate and necessary.
7. Reviewing Restrictions
Where a decision is taken to impose restrictions on a customer, these will be reviewed at appropriate intervals not exceeding 12 months and a decision will be made that the restrictions are either re-imposed, amended or removed. The customer must be notified of the outcome of the review by letter or their preferred method of communication. If the restrictions are to continue, reasons for this will be explained and the customer notified when the restrictions will next be reviewed.
8. Failure to Adhere to Restrictions
Should a customer continue to behave unreasonably and / or fail to comply with restrictions previously imposed, adult social care may take further action it decides is reasonable and proportionate, including legal action and reporting the matter to the police where the person may have committed a criminal offence.
9. Further Reading
9.1 Relevant Chapters
Workplace Harassment and Violence to Staff
