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.
Restricting Contact
Deciding to Restrict Contact
Authority staff that directly experience aggressive or abusive behaviour from a complainant have the authority to deal immediately with that behaviour in a manner they consider appropriate to the situation and in line with this Policy.
With the exception of such immediate decisions taken at the time of an incident, decisions to restrict contact are only taken after consideration of the situation by the Authority Complaints and Conduct Manager, and in discussion with the Deputy Chief Executive (Resources). Wherever possible, the Authority may give a complainant the opportunity to modify their behaviour or action before a decision is taken. Complainants are told in writing why a decision has been made to restrict future contact, the restricted contact arrangements and, if relevant, the length of time that these restrictions will be in place. Notification will thereafter be made to the Complaints and Conduct Committee. An option to appeal the decision will be included.
Appealing a Decision to Restrict Contact
A complainant can appeal a decision to restrict contact. A member of the Complaints and Conduct Committee who was not involved in the original decision considers the appeal. They advise the complainant in writing of the outcome.
The Authority will only consider arguments that relate to the restriction and not to either the complaint made to us or to our decision to close a complaint.
Recording and Reviewing a Decision to Restrict Contact
The Authority will record all incidents of unacceptable actions by complainants. Where it is decided to restrict contact, the Authority will keep a note on the relevant paper and/or electronic file and will record restrictions on a centralised log.
A decision to restrict complainant contact may be reconsidered if the complainant demonstrates a more acceptable approach. The status of all restricted complainants will be reviewed twelve months from the date of restriction or continued restriction was imposed.
Any individuals to be removed from the Unacceptable Actions list will be retained on a ‘Removed Persons’ page on the file.
