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 SPA Complaints team in discussion with the Head of Workforce Governance.
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. An option to appeal the decision will be included.
Notification will thereafter be made to the Complaints & Conduct Committee of
any decisions to restrict contact.
Appealing a Decision to Restrict Contact
A complainant can appeal a decision to restrict contact. This should be done, in
writing, within 21 days to the Deputy Chief Executive (Resources), who will
consider the appeal. They will 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.
