Healthwatch Sefton Vexatious Complaints Policy and Process

HEALTHWATCH SEFTON:  VEXATIOUS COMPLAINTS POLICY & PROCESS

  1. An unreasonably persistent and / or vexatious complaint maybe where:

  • There are insufficient or no grounds for the complaint and it is made only to annoy / or for reasons that the complainant does not admit or make obvious
  • There are no specified grounds for the complaint despite offers of assistance
  • Those complainants, because of the nature or frequency of their contacts with HWS hinder our consideration of their and other people’s complaints
  • Single incidents may be unacceptable, but more often the difficulty is caused by unreasonably persistent behaviour that is time consuming to manage and interferes with proper consideration of the complaint

  1. Responding to a vexatious complaint:

  • When we believe a complainant to be unreasonably persistent, we will tell them why and ask them to change their behaviour
  • If their behaviour continues we will take action to restrict the complainant’s contact with HWS.
  • Any such restrictions will be evidence based, appropriate and proportionate.
  • Any decision to act will be taken by the Manager

  1. Decisions on action to be taken will include:

  • Putting in place contact in a particular format (e.g. by letter only)
  • Requiring contact to take place with a single named member of staff
  • Restricting telephone calls to specific days and times
  • Limiting the duration of telephone calls
  • Asking the complainant to enter into an agreement about their contact
  • Closing the complaint
  • Repeated calls may be deemed to be harassment, which, after consultation with the Manager may be reported to the Police

  1. Should any of these actions become necessary, we will write to the complainant:

  • Detailing why we believe their behaviour is unacceptable, what action we are taking and its planned duration
  • Advise that we will review the arrangement after 6 months
  • Advise how the decision may be changed if the complainant disagrees with it and to whom such an appeal should be lodged
  • In taking the action as described above it must be emphasised that this part of the policy will be used only as a last resort and after all other reasonable measures have been taken to resolve complaints or complainant behaviour
  • Judgement and discretion will be applied to ensure that contact from the complainant about matters other than the complaint are not ignored, resulting in potential failures to respond to a request for service or an emergency

  1. HWS recognises that clients who feel dissatisfied with the service received may feel angry about their treatment. However, HWS has a duty of care to its staff and will take all necessary steps to ensure the safety and wellbeing of its employees:

  • Unacceptable or vexatious behaviour can include any action or series of actions which are perceived by the staff member to be deceitful, abusive, offensive, threatening, whether delivered verbally or in writing or a combination of the two.
  • If a staff member feels threatened by a complainant they will report their concerns and the reason for them to their line manager.
  • Incidents will be reported on a standard incident form

  1. As part of the action arising from the investigation we will consider:

  • Writing to the perpetrator requiring no repetition of the behaviour
  • Setting conditions and restrictions for further contact with staff
  • Whether to report the matter to the Police

  1. If dealing with such behaviour in a telephone conversation, the staff member will tell the complainant that they will terminate the call if the behaviour continues.

  2. If despite this warning the behaviour continues, the contact will be terminated. The staff member should then write a brief note of the incident as soon as possible afterwards, including what was said, their response and the date and time, and a note placed on the case file recording the circumstances of the termination.

  3. Staff will respond to repeated calls in the same way. Such calls may be deemed to be harassment which, after consultation with the Manager may be reported to the Police.

 

Approved: November 2024

Review date: November 2025