Persistent and/or Unreasonable Complaints Policy

This policy applies to all complaints received by B3Living and therefore includes anti-social behaviour reports as well as service complaints. The main difference however is that service complaints have defined stages outlined within the Customer Feedback Policy so they can be escalated upwards to a conclusion, whereas with anti-social behaviour we do not have a limiting mechanism and complaints can be repeated and repeated. Therefore we will exercise discretion to decide when someone’s attitude is unreasonable.

Policy aims

• To set out our commitment for ensuring our colleagues are treated with respect whilst at work.
• To provide clear guidance to colleagues, customers and other stakeholders regarding our approach in tackling abusive, aggressive or unreasonable behaviour.
• To ensure that we are able to deliver our services in the most effective way possible and don’t have time monopolised due to persistent and/or unreasonable complainants.

5.2 Policy detail

5.2.1 We will determine what action to take where complaints have been identified as persistent and/or unreasonable in accordance with the criteria below. We will implement such action and will notify complainants in writing of the reasons why their complaint has been classified as persistent and/or unreasonable and the action to be taken.

5.2.2 B3Living recognises that people from all walks of life can experience vulnerability at some point in their lives. As such, the use of this policy will be applied on a case by case basis, with due consideration to the possible vulnerability of the resident.

5.2.3 Complainants (and/or anyone acting on their behalf) may be deemed to be persistent or unreasonable where previous or current contact with them shows that they meet one of the following criteria:

• They persist in pursuing a complaint when the complaints procedure has been fully and properly implemented and exhausted. In such instances the complainant will have been advised of his or her right to approach the Ombudsman.
• They change the substance of a complaint or continually raise new issues or seek to prolong contact by continually raising further concerns or questions upon receipt of a response whilst the complaint is being addressed. Care will be taken not to discard new issues which are different from the original complaint as these might need to be addressed as separate complaints.
• They are unwilling to accept documented evidence of treatment given as being factual, e.g. computer records, or deny receipt of an adequate response in spite of correspondence specifically answering their questions or do not accept that facts can sometimes be difficult to verify when a long period of time has elapsed.
• They do not clearly identify the precise issues which they wish to be investigated, despite reasonable efforts of staff.
• They focus on a trivial matter to an extent that it is out of proportion to its significance and continue to focus on this point. It is recognised that determining what a trivial matter is can be subjective and careful judgment will be used in applying this criteria.
• They have threatened or used actual physical violence towards staff or their families at any time - this will, in itself, may cause personal contact with the complainant to be discontinued and the complaint will, thereafter, only be pursued through written communication. All such incidents will always be Persistent & unreasonable complaints policy, documented and dealt with in accordance with our Anti-Social Behaviour policy.
• They have, in the course of addressing a registered complaint, made an excessive number of contacts with B3Living, placing unreasonable demands on staff. A contact may be in person or by telephone, letter, email or fax. Discretion will be used in determining the precise number of excessive contacts applicable under this section, using judgement based on the specific circumstances of each individual case.
• They have harassed or been personally abusive or verbally aggressive on more than one occasion towards staff dealing with their complaint or associates. Staff recognise that complainants may sometimes act out of character at times of stress, anxiety, or distress and will make reasonable allowances for this. All such instances will be documented.
• They display unreasonable demands or expectations and fail to accept that these may be unreasonable e.g. insist on responses to complaints or enquiries being provided more urgently than is reasonable or normal recognised practice.
• They will not accept or acknowledge counter allegations being made against them or are not willing to take responsibility for their actions which may have fuelled counter allegations being made.
• In relation to Anti-Social Behaviour, they continue to complain whilst not allowing B3Living or partner agencies to conduct reasonable investigations in order to evidence the complaint. For example refusing sound recording equipment whilst continually reporting noise nuisance.

5.2.4 We will determine what action to take where complainants have been identified as persistent or unreasonable in accordance with the above criteria. We will implement such action and will notify complainants in writing of the reasons why they have been classified as persistent or unreasonable complainants and the action to be taken.

5.2.5 In determining arrangements for handling such complaints staff are presented with two key considerations. The first is to ensure that our policies and procedures have been correctly implemented and that no element of the complaint has been overlooked or inadequately addressed. Furthermore, all staff appreciate that even unreasonable and/or persistent complaints may contain some genuine substance.

5.2.6 The service manager in liaison with any other appropriate managers, may decide to deal with unreasonable or persistent complainants in one or more of the following ways:

1. Try to resolve matters, before invoking this procedure, by drawing up a signed agreement with the complainant which sets out a code of behaviour for the parties involved if B3Living is to continue processing the complaint. If these terms are contravened, consideration would then be given to implementing other actions as indicated.
2. Once it is clear that complainants meet any of the criteria above, it may be appropriate to inform them in writing that they may be classified as persistent or unreasonable complainants. In such cases a copy of this procedure would be forwarded to the complainant advising them to take account of the criteria in any further dealings with B3Living.
3. Notify the complainants in writing that B3Living has responded fully to the points raised and has tried to resolve the complaint but there is nothing more to add and continuing contact on the matter will serve no useful purpose. The complainants should also be notified that the correspondence is at an end and that further letters received will be acknowledged but not answered unless such correspondence contains new relevant information.
4. Seek to work with or through support agencies working with the individual to seek a satisfactory conclusion to the matter.
5. Inform the complainants that in extreme circumstances B3Living reserves the right to pass unreasonable complaints to its legal representatives.

5.2.7 Once complainants have been determined as persistent or unreasonable B3Living will write to the complainant to inform them that they have been given classification. As such B3Living will only contact or respond to the resident in the delivering of services. Any written or verbal communication of a complaining nature will not be responded to. Senior Management authorisation must be given prior to this status being given.

5.2.8 In certain circumstances we will not allow such complainants access to the internal complaint procedure to ensure that we are protecting other staff from this unreasonable behaviour.

5.2.9 This status will be withdrawn at such a time when the complainant subsequently demonstrates a more reasonable approach or if they submit a further complaint for which normal complaints procedure would appear appropriate. Where this appears to be the case, discussion will be held between the Service Manager and the authorising Manager as above. Subject to their approval, normal contact with the complainant will resume and the application of complaints procedure will be enacted.

We will apply this policy consistently, fairly and with professionalism.

We do not discriminate against any person on grounds of their age, disability, gender reassignment/transgender, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, sexual orientation or any other matter that may cause a person to be treated with injustice.

We will use plain language and make information available in different formats and languages for staff and customers on request.

This policy will be operated in line with B3 Living’s Data Protection and Confidentiality Policy and relevant Data Sharing Protocols with partners.

Where we do not have formal data sharing protocols with partners, we will operate our own policy and procedures, and ensure that all data is stored and used appropriately.

Listening to individual customer feedback about the service we deliver to them is vital when working with customers who may have vulnerabilities which encourage persistent complaints. As such, customer feedback and input will consistently be sought whilst working with a person who experiencing or reporting complaints to ensure we only apply this policy where absolutely necessary

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• Anti-Social Behaviour Policy
• Equality and Diversity Policy
• Safeguarding Policy

The Executive Team has overall responsibility for this policy and for issuing customers with a notice that they are in breach of it, with other responsibilities as follows:

• Head of Housing Services for liaising with the Management Team to ensure effective implementation of the policy.
• The Housing Manager - overseeing the day-to-day implementation of the policy.
• Other staff members – bringing complaints of this nature to their managers attention.

12.1 To ensure consistency and quality, 100% of cases will be subject to regular (at least annual) audits by the ASB Specialist and/or the Neighbourhood Team Leader.

12.2 Any enforcement of this policy will be reviewed each year. Should behaviours have improved, the policy will no longer apply.