Habitual and Vexatious Policy

Habitual and Vexatious Policy

Purpose

1 This policy defines habitual and vexatious behaviour and outlines the action our staff should take if an individual is considered habitual and/or vexatious.

Introduction

2. Occasionally those who contact STEP may behave in a manner which we may consider inappropriate. Staff should try to understand the reasons behind an individual’s behaviour (for example, if an individual is identified as having a recognised disability they may be given extra support). Individuals displaying habitual or vexatious behaviour may be unaware their behaviour is inappropriate causing stress require a disproportionate level of staff time to assist them.

3. This process should only be used in exceptional circumstances when all other attempts have been exhausted. If a staff member experiences difficulty with an individual they should discuss with their line manager who will advise the Chief Executive and Deputy Chief Executive.

Habitual behaviour

4. Habitual describes those who repeatedly contact STEP about the same issue. An individual may:

·  Continue to complain about a member even though the Disciplinary process has been properly followed and exhausted;

·  Repeatedly change the substance of their complaint or query;

·  Deny an adequate response has been sent despite evidence which shows they have been provided with necessary information/documents or explanation they are seeking;

·  Focus on trivial matters disproportionate to their relevance;

·  Make excessive contact placing unreasonable demands on staff time;

·  Repeatedly copy communication to multiple staff and/or members, who have no connection to the query;

·  Makes unfounded complaints about staff.

Vexatious behaviour

5. Vexatious describes those who use unreasonable language, make threats, are abusive, or other forms of harassment. When contacting staff by email, letter or telephone. an individual may:

·  Threaten or use physical violence;

·  Demonstrate aggressive and/or abusive behaviour (having been warned after the first instance of such behaviour).

6. Staff who consider an individual meets the above criteria should discuss with their line manager. No action will be taken without the consent of the Chief Executive or most senior member of staff available. A central log of those identified as Habitual/Vexatious will be kept and all staff will be made aware when an individual is made subject to this policy.

How to deal with habitual behaviour

7. When an individual is identified as habitual the appropriate manager will notify the individual in writing providing reasons for the decision and a copy of this policy.

8. STEP will make clear that a failure to change their behaviour will result in the individual being identified as either habitual and/or vexatious which could result in:

·  limiting contact to a letter (no email) from a named member of staff;

·  declining telephone contact from the individual;

·  applying a ‘read-only’ approach to future correspondence

·  restricting personal visits to STEP offices and events.

How to deal with vexatious behaviour

9. Where an individual threatens or uses physical violence they will be reported to the police immediately. Where an individual is aggressive or abusive the process outlined in ‘How to deal with habitual behaviour’ will be followed.

Any action taken under this policy may be varied or revoked at any time.

STEP will still be required to respond to any Data Protection/Subject Access Requests.

Habitual and Vexatious Policy January 2016