Unreasonable, unreasonably persistent and vexatious complaints procedure and guidance - 2. Safety of staff and unreasonable behaviour

The Council has a duty of care to all its employees and will act to protect the wellbeing of staff.  The Council will take legal action as appropriate to regulate the contact of customers with the Council where behaviour threatens the safety of staff. 

Any employee that is concerned about the behaviour of a customer should initially raise this with their manager. Informing their manager is the first step in identifying potential issues and managers can offer support and advice on how to deal with this. This support can be reminding the employee about support services available to them (e.g. Employee Assistance Programme, mental health first aiders etc.) or offering practical suggestions for how to handle the situation. 

The Council recognises that there may be occasions where one incident is so severe in nature that it warrants some immediate form of action.  For example, if a member of staff is subjected to a physical assault or threatened with physical violence it may be necessary to take some form of immediate action against the customer.  Managers should ensure the Council’s ‘Aggression and Violence’ Safety Management Standard has been adhered to and that an appropriate risk assessment has been completed. 

In circumstances, where a complainant’s behaviour justifies it, the Council reserves the right to consider formal legal proceedings to restrict access.  In cases where there is a concern for the health, wellbeing or safety of staff, or of others, advice should be sought from Legal Services at an early stage, in relation to other possible restrictions which might be pursued, e.g. through the Courts. 

Services should ensure that staff are aware of any restrictions in place and of details relating to complainant’s subject to this procedure is maintained, that new staff are made aware, and that staff are provided with updates when restrictions are amended or withdrawn.

Details should not be shared more widely than is appropriate, in line with the principles and practice of GDPR.  Services should ensure that details relating to complainant’s subject to this procedure are treated strictly in confidence and not shared with staff or others who do not need to know.