Definition of unreasonable complainant actions
We understand that people may act out of character in times of frustration, anxiety or distress. There may have been upsetting or distressing circumstances leading up to a complaint. Just because someone is forceful or determined does not mean their behaviour is unacceptable.
The Local Government and Social Care Ombudsman (LGSCO) defines 
unreasonable complainant actions as:
‘Those which, by the nature or frequency of contact with the Council, hinder the Council’s delivery of services or consideration of their, or other people’s, complaints.’
This can include (but is not limited to):
- unacceptable complainant behaviour – which can be just one or two isolated but unacceptable incidents
- unreasonably persistent or habitual behaviour – this is usually where there is a build-up of incidents or interactions over a longer period
- vexatious complaints - these are complaints which appear to be frivolous or without substance / basis and are made specifically to cause annoyance or disruption
It is important to distinguish between complainants who act in a legitimate but determined manner in pursuit of their complaint (i.e. those who genuinely believe that the Council is at fault, or has not dealt with their complaint properly or on time), and those who are being ‘unreasonably persistent’ (i.e. are deliberately being difficult and looking to dominate staff or Councillor attention with frequent lengthy contacts or repetitive requests for information).
We believe that all complainants should have the right to be heard, understood and respected. However, Council staff and Councillors also have the same rights and should be free to carry out their civic duties and work without fear of attack or abuse. Their safety and well-being are paramount, and the Council will not tolerate aggressive, abusive, or offensive behaviour, unreasonable demands or unreasonable persistence, or the threat or use of violence.
Staff are required to report any such incidents to the Council’s Health & Safety team, while Councillors should report them to the Members & Elections Team Manager or the Monitoring Officer. These reports will be investigated and appropriate action taken in accordance with the Council’s ‘Prevention of Workplace Violence’ policy and the ‘Protocol for serious incidents of violence and aggression.’ This may include inclusion on the Council’s ‘Potentially Violent Persons’ register or reporting to the police where appropriate.
