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Published: 01 September 2023

SPA Unacceptable, Persistent or Unreasonable Actions by Complainers Policy

Report Summary

This policy has been developed to provide guidance to Authority staff when dealing with unreasonable or persistent complainers.

The document has been adapted from guidance provided to public service providers by the Scottish Public Services Ombudsman (SPSO) and articulates the Scottish Police Authority's approach to the rare instances where persons who complain do so in such circumstances that their actions or behaviour do not justify expending further resources or are otherwise unreasonable.

Such instances are very rare but typically involve persons who refuse to accept closure and constantly write reiterating the same complaint. Consequently public monies are unnecessarily and/or disproportionately spent on such investigations.

The term complainant includes anyone acting on behalf of a complainer or contacts the Authority in connection with a complaint.


Managing Unacceptable Actions

There are relatively few complainants whose actions the Authority consider unacceptable. How we aim to manage these actions depends on their nature and extent. If it adversely affects the Authority’s ability to do our work and provide a service to others, we may need to restrict complainant contact in order to manage the unacceptable action.

Wherever possible, the Authority aims to do this in a way that allows a complaint to progress to completion through the process. We may restrict contact in person, by telephone, letter or electronically or by any combination of these.

The Authority will try to maintain at least one form of contact. In extreme cases, where it is appropriate, the Authority will tell the complainant in writing that their name is on the ‘Unacceptable Actions’ list. This means that the complainant must restrict contact with the Authority to either written communication or through a third party.

The threat or use of physical violence, verbal abuse or harassment towards Authority staff during the complaints investigation, is likely to result in the ending of all direct contact with the complainant and may lead to criminal investigations.

The Authority do not deal with correspondence (telephone, letter, or electronic) that is abusive to staff or contains allegations that lack substantive evidence. When this happens we tell the complainant that we will not respond to their correspondence. If they do not stop the Authority may require future contact to be through a third party.

Authority staff will end telephone calls if the caller is considered to be aggressive, abusive or offensive. The staff member taking the call has the right to make this decision, tell the caller that their behaviour is unacceptable and end the call if the behaviour does not stop.

Where a complainant repeatedly phones, visits Authority offices, sends irrelevant documents or raises the same issues, we may decide to:

  • Restrict telephone calls from the complainant to 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
  • Request that the complainant makes an appointment to see a named member of staff before visiting Authority offices or that the complainant contacts the Authority in writing only
  • Return documents to the complainant or, in extreme cases, advise the complainant that future irrelevant documents will be destroyed
  • Take other action that the Authority consider appropriate. The Authority will always advise the complainant of the actions that we are taking and why.

Where a complainant continues to correspond on a wide range of issues, and this action is considered to be unreasonably excessive, then the complainant will be advised that only a certain number of issues will be considered in a given period and asked to limit or focus their requests accordingly.

Complainant action may be considered unreasonably persistent if all internal review mechanisms have been exhausted and the complainant continues to dispute the Authority decision relating to their complaint. The complainant is told that no future phone calls will be accepted or interviews granted concerning this complaint. Any future contact by the complainant on this matter must be in writing. The Authority will read and file any future correspondence, but we will only acknowledge or respond to the complainant if significant new information relating to the complaint is provided.


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