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Guidance notes on unreasonable complainant behaviour

3. Considerations before taking action to restrict access

3.1          All complainants have the right to have their complaint considered at an initial stage by the Sub-Committee. The Sub-Committee will ensure that the complaints procedure is ended at a point that is appropriate to each case - and the complainant notified as such.

3.2          The Sub-Committee will consider all complaints carefully and come to a view about what it is that should resolve the matter for a complainant.

3.3          Before deciding whether the guidance should be applied, the Sub-Committee will determine whether:-

  • A complaint is being or has been reviewed properly, and whether the decision reached was appropriate based on the information presented to the Sub- Committee at the time.
  • Communications with the complainant have been adequate
  • The complainant is providing any significant new information that might affect the Sub-Committee's previous view on the complaint.
  • There is another, more specific route the complainant can follow e.g. an appeal process to be followed when they are complaining about a decision taken.

3.4          Some individuals that may be considered to be unreasonable complainants may be behaving that way because of a specific circumstance or difficulty. Where this is indicated the Sub-Committee will take this into account in determining the reasonableness of the complaint made.

3.5          Any actions taken will be tailored to the circumstances and behaviour of the individual and their complaint.

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