Unreasonable representative behaviour procedure

This policy sets out a fair and consistent process for managing unreasonable behaviour by advocates or representatives.

Introduction

1.1. Sometimes people need the support of a representative in their conversations with the Council, often in the form of an advocate. Camden values this essential work and will always endeavour to enable relationships with representatives that are safe and effective, and to work toward resolutions in a transparent way where disagreements arise.

1.2. More information on how Camden supports advocacy can be found in the Camden Advocacy policy . This includes our ways of working, which are the behaviours and commitments that we would expect from everyone involved in an advocacy arrangement so that it works as well as possible, for the benefit of our residents. Safety measures are in place for when arrangements don’t work as well as they should, including this unreasonable behaviour procedure.

1.3. Camden will not tolerate unreasonable behaviour from a representative. Abusive, offensive, threatening, deceitful, vexatious or any other form of unacceptable behaviour will be addressed with appropriate action to protect the wellbeing of our staff, our limited resources and the integrity of our processes. The Council defines vexatious behaviour as that which deliberately seeks to cause annoyance, frustration or worry.

1.4. This procedure defines unreasonable behaviour and provides guidance to staff about how to respond. It is always the desire of the Council to openly engage with representatives, however where behaviour is unreasonable and the Council has done all it reasonably can to reach a resolution, it will be necessary to engage this procedure.

Purpose

2.1. The purpose of this document is to:

• Define ‘unreasonable’ behaviour.
• Provide Camden staff with clear guidance for managing unreasonable behaviour.
• Provide clear and transparent information to representatives and residents about how Camden manages unreasonable behaviour.

Definitions

3.1. Representative: A person acting on behalf of another, for example as an advocate. The term representative is used here in line with Local Government Ombudsman policy and covers all advocacy arrangements.

3.2. Unreasonable actions: Camden defines unreasonable actions as those which hinder the organisation’s delivery of services due to their nature or frequency. This is adapted from Local Government Ombudsman guidance.

Examples of unreasonable actions

4.1. There is no exhaustive list of actions that may be unreasonable as each case should be judged based on its circumstances. The following are examples of actions which may be considered unreasonable, adapted from Local Government Ombudsman guidance:

• Being abusive, threatening or acting in a manner intended to intimidate staff. This includes any use of racist, sexist, homophobic or other discriminatory language.
• Being abusive, threatening, intimidatory or discriminatory toward other advocates or residents.
• Putting, or threatening to put information on social media or websites which includes personal information of an organisation’s employees without their consent and/or making defamatory statements about employees online.
• Using the position of representative to seek the advancement of unrelated matters, to the detriment of the matter at hand.
• Making excessive demands on the time and resources of staff with consistently lengthy phone calls or emails and expecting immediate responses.
• Refusing to cooperate with Council processes, for example reasonable requests to provide important information.
• Insisting on a case being dealt with in ways which are incompatible with Council processes or good practice, including the Council’s values around equality.
• Making unjustified complaints about staff who are trying to deal with issues in good faith, and seeking to have them replaced.
• Providing false information and/ or submitting falsified documents from themselves or others.

Protecting residents

5.1. Camden will not place restrictions on representatives unless there are good reasons for doing so. When enacting this procedure we will do everything we reasonably can to ensure the individual being represented is not disadvantaged, for example by offering to support the individual to find another representative (e.g. advocacy service) or asking the individual to nominate another representative.

5.2. Where there are safeguarding concerns pertaining to a resident’s relationship with someone who is acting or seeking to act as an advocate for them, these will be addressed according to existing safeguarding procedures relevant to the service and resident in question.

Protecting staff

6.1. Staff members and their managers are authorised and encouraged to warn individuals of the consequences of unreasonable behaviour when it occurs. In the interests of their own wellbeing staff members can take immediate action in response to unreasonable actions, such as terminating phone calls, asking someone to leave the premises or pausing communications. Any immediate steps should be followed by either an informal warning about future conduct or further action under the procedure outlined below.

Protecting representatives with support needs

7.1. Actions perceived as unreasonable can be an indication of an unmet communication or support need. Services should allow representatives an opportunity to state whether they need any reasonable adjustments under the Equality Act. Where there are concerns about a representative’s wellbeing, staff should offer to direct them to the relevant service within the Council or wider local health and care system, for example mental health services or similar community support.

Appropriate action in response to unreasonable behaviour

Stage 1

8.1. Managers should satisfy themselves that unreasonable behaviour has been demonstrated as above and make the Head of Service aware. Decisions at this stage are to be taken at service level.

8.2. The service should first seek to resolve unreasonable behaviour locally, i.e. informally and within the service. This may include taking reasonable steps to engage with the representative. Staff should ensure the representative is aware of this procedure by sending them a copy or signposting them to it online.

8.3. Ensure that evidence of unreasonable behaviour (correspondence, meeting notes, voice messages, etc.) is fully and properly recorded. Services should continue to record evidence even after behaviour has been identified as unreasonable. 

Stage 2

9.1.    Should attempts to resolve the situation informally fail, the service should write to the representative to formally warn them about their behaviour and the consequences of further action in line with this procedure. Depending on the situation and the needs of the service, it may be advisable to also write to any residents supported by the representative in question at this stage. 

Stage 3

10.1. Making a decision to restrict someone from acting as a representative is considered at a senior level. Decisions are made by the Director of the service and/or the Borough Solicitor.

10.2. The relevant Director and/or the Borough Solicitor will consider the case as per the evidence presented and will decide whether a representative’s behaviour is unreasonable under the procedure and merits further action.

10.3. They will then also determine whether the actions proposed by the service for managing the representative’s behaviour is appropriate and proportionate.

10.4. Where a representative’s behaviour is found to be unreasonable by the relevant Director or Borough Solicitor, the following actions may be implemented. This list is not exhaustive, and other actions may be used as appropriate in line with the nature of their unreasonable behaviour.

• Restricting a person from acting as a representative for a stated period.
• Requiring contact to take place with one named member of staff or team only.
• Call witnessing, e.g. call recording; note that the person should be informed.
• Meeting witnessing, e.g. face to face contact to take place in the presence of a witness.
• Restricting the amount of time officers will spend engaging with a given matter.
• Restricting the mode and frequency of communications that will be permitted, for example telephone calls at specific times and days of the week.
• Banning the person from sending emails to some or all Council officers.
• Banning the person from visiting any Council building, except by appointment.

10.5. Decisions pursuant to the above will be recorded in a letter to the representative. This letter will state when this decision will be reviewed. This is formal notification of being added to a register held by the Council of people who are restricted from acting as a representative or advocate. The register includes a person’s name, communication details, reason for the restriction and date when the restriction will be reviewed.

10.6. Depending on the situation and the needs of the service, it may be advisable to also write to any residents supported by the representative in question at this stage. 

10.7. The relevant Head of Service will request that Contact Camden add the person to the restricted representatives register. Contact Camden are responsible for holding and maintaining the register. It will be visible to officers as necessary to effectively facilitate restrictions and reviews, but will otherwise be kept confidential.

Appeals

11.1. Where a representative’s behaviour has been designated as unreasonable in line with this procedure, they have the right to appeal. The relevant Executive Director will consider the appeal, supported by the Borough Solicitor where appropriate. It is the representative’s responsibility to provide evidence against the decision.

11.2. Where the relationship between Camden and the representative has broken down significantly, appeals and complaints may be referred to the Local Government Ombudsman (LGO) for consideration.

Reviews

12.1. Actions implemented against a representative for unreasonable behaviour should be for an appropriate period of time only, and a review of the case should be facilitated in line with the conditions stated in the notification letter. The Head of Service relevant to the original decision will be notified in good time by Contact Camden that a review is due, and the appropriate Director will conduct the review with support from the Borough Solicitor where appropriate.

12.2. Where a representative continues to demonstrate unreasonable behaviour at the review stage or the Council has reason to believe the unreasonable behaviour will continue, restrictions will remain in place and the person informed of this.

12.3. For a representative to remain on the register, demonstrable evidence of continued unreasonable behaviour, or evidence that reasonably indicates that unreasonable behaviour will continue, should be collected by the Council.

12.4. Where a representative’s unreasonable behaviour has stopped, the restrictions should be lifted at the end of the stated period.

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