Agenda item

A report by the Assistant Director - Governance and Monitoring Officer

The Portfolio Holder Councillor Emma Cresswell presented the report supported by the Group Information Manager and Data Protection Officer.  Advising members that the last review of the existing policy had been 2017, the Portfolio Holder confirmed that the policy would be aligned to be the same across the 3 Councils in the S&ELCP to provide consistency for all staff when dealing with such incidents.

There was a clear need to manage the safety of Employees and Members of the Council, and to limit the unnecessary impact on Council resources. The design of the policy had successfully achieved that aim, whilst ensuring that the service to the Council’s customers would be fair; consistent and proportionate.

A full review had taken place of the draft policy and updated and aligned across the partnership. By reviewing the policy, the group had captured all the updates and ensured that the policy complied with all current statutory requirements. The Council was responsible for ensuring it had a suitable policy in place for dealing with abusive behaviour and unreasonably persistent complainants. Furthermore, the Council needed to deal with complainants in a way that was open; fair and proportionate. The policy-led approach helped enable staff to understand what was expected of them, what options for action were available to them, and who could authorise such actions. By sharing the policy with complainants if they started to behave unreasonably, it could help in managing their expectations and behaviour.

The policy provided the Council with a framework to implement and take appropriate action against incidences of unreasonable behaviour and unreasonably persistent complainants. It clearly defined unacceptable actions under three broad heading of ‘aggressive or abusive behaviour, ‘unreasonable demands’ and ‘unreasonably persistent’.

Significant deliberation and questioning followed which included:

In response to several questions the Portfolio Holder and the Group Information Manager and Data Protection Manager advised as follows:

When applying the policy consideration was on a case-by-case basis with a tiered approach.  The policy was fit for purpose with consideration of all groups of the community and complied with statutory requirements.  The sign-off procedure was by an Assistant-Director or Deputy Chief Executive and Councillor Creswell in her role as portfolio holder was involved in the process.  Councillors were afforded the same protection within the policy as staff.  If mediation between parties was deemed appropriate, then it would be an option for consideration. 

Cases of FOI requests were subject to separate legislation and were not classed as unreasonable behaviour.  PSPS tracked the cases within their teams which were predominantly front facing services but not all teams tracked cases specific to their departments.  The data provided was post Covid and did not reflect that period when staff were working from home.

Concerns were noted at the significant increase in cases and further noted at the potential number of cases not recorded which could be significantly higher than the number within the report.  Additionally, members queried the costs to the Council for dealing with vexatious members of the public.  

A request was tabled for a breakdown of cases across each Council.

Referencing unreasonable behaviour against members and the process for reporting such incidents, it was suggested that they be tabled to the respective group leaders who would collate the information and take it forward.

RECOMMENDATION:

That the Corporate and Community committee having considered the draft Unreasonable Behaviour Policy and agreed the recommendations therein recommend it to Cabinet for approval.