Unreasonable, unreasonably persistent and vexatious complaints procedure and guidance - 3. What is unreasonable, unreasonably persistent and vexatious behaviour?

The Council aims to treat all complainants openly, fairly and proportionately, while protecting staff and ensuring services can function properly.

All complainants have the right to have their issues investigated under the correct procedure. Simply making a complaint, escalating a complaint, or criticising the process is not unreasonable behaviour.

Most complaints are handled without issue, but a small number involve behaviour that makes it difficult or impossible to investigate properly, places strain on Council resources or impacts staff wellbeing.

Restrictions may apply only to the specific issue or may apply more widely. For example, if behaviour affects multiple services.

The Council follows the Local Government and Social Care Ombudsman’s (LGSCO) definition: “Unreasonable actions are those which, because of the nature or frequency of their contacts with an organisation, hinder the organisation’s delivery of services or consideration of complaints”.

There is no definitive list of what constitutes unreasonable actions or unreasonable behaviour. Displaying a single characteristic does not on its own imply that an individual will be considered as unreasonable or vexatious. Examples of unreasonable actions or behaviour are set out in the LGSCO guidance and include: 

1. Abusive, threatening or discriminatory language with the intention of intimidating staff. 
2. Refusing to explain the grounds of a complaint, despite offers of help or assistance from the Council. 
3. Refusing to cooperate with the complaint’s investigation process. 
4. Refusing to accept that certain issues are not within the scope of a complaint’s procedure, or demanding outcomes which the complaints procedure cannot provide (e.g. changes to council records, the overturning of court decisions, the dismissal or criminal prosecution of staff, etc.). 
5. Putting or threatening to publish information on social media platforms or websites making defamatory statements about employees or include personal information about them without their consent. 
6. Insisting on the complaint being dealt with in ways which are incompatible with the adopted complaints procedure or with good practice. 
7. Making unjustified or unfounded complaints about staff who are trying to deal with the issues, and seeking to have them replaced. 
8. Changing the basis of the complaint as the investigation proceeds. 
9. Denying or changing statements made at an earlier stage of their complaint. 
10. Introducing trivial or irrelevant new information at a later stage or raising many detailed but unimportant questions and insisting they are all answered. 
11. Submitting falsified documents from themselves or others. 
12. Adopting a 'scatter gun' approach: pursuing parallel complaints on the same issue through a variety of routes e.g. Member of Parliament, Councillor(s), local police, solicitors, the Ombudsman. 
13. Making excessive demands on the time and resources of staff with lengthy phone calls, emails to numerous council staff, or detailed letters every few days, and expecting immediate responses. Defining excessive can be difficult and keeping a record of contact will assist judging whether action is needed. 
14. Submitting repeat complaints with minor additions/variations that the complainant insists make these 'new' complaints. 
15. Refusing to accept the decision; repeatedly arguing points with no new evidence.

Other examples not specifically referenced by the Ombudsman are: 

1. Attempting to use the complaints procedure to pursue a personal vendetta against an employee or team. 
2. Refusing to accept information provided, not confirming why or how the information provided is unsatisfactory. 
3. Raising at a late stage in the process, significant new information which was in the customer's possession when he or she first submitted a complaint. 
4. Lodging large numbers of complaints in batches over a period of time, resulting in multiple related complaints being at different stages of a complaints procedure and refusing to consider consolidation of these to facilitate an effective and timely resolution. 
5. Attempting to contact Council officers outside of the work context, for example via social media or face to face.

Unreasonable use of technology may include but is not limited to: 

1. Recording interactions without good reason or ensuring all parties are aware the interaction is being recorded. 
2. Publishing recordings online without the consent of those recorded. 
3. Manipulating or editing recordings. 
4. Live broadcasting interactions without consent.