Unreasonable Behaviour Policy

1. POLICY PURPOSE  

1.1 This Policy sets out One Manchester’s approach to managing behaviour and/or actions that are considered unreasonable, and are either having, or likely to have, an impact on colleagues, absorb a disproportionate amount of their time, and limit their ability to provide a good service to other customers. The criteria One Manchester will use to determine unreasonable behaviour is provided within this Policy, however it is not an exhaustive list, and is intended to provide a guide to colleagues on when this Policy should be applied.

2. POLICY SCOPE  

2.1 This Policy will be used across all areas of work undertaken by One Manchester, colleagues, and contractors/third parties working on behalf of One Manchester. It will be used alongside existing policies, such as Anti-Social Behaviour and Hate Crime, Complaints, Vulnerability and Tenancy Management to ensure we can achieve our overall aim of dealing with all customers in a consistent, fair, and reasonable way.  

2.2 This Policy applies to all customers, current or former, across all tenure types, including tenants, leaseholders, and private owners. It also applies to anyone who has dealings with One Manchester, including anyone who visits our properties, premises, or offices, such as relatives, friends, acquaintances, or representatives of customers, including representatives from external organisations.

2.3 Where we say “we” or “us”, we mean One Manchester (and our contractors and volunteers). Where we say “customers” we mean anyone engaging and interacting with One Manchester.

3. RELEVANT LEGISLATION & REGULATION

3.1 This Policy has been developed in line with best practice guidance provided by the Housing Ombudsman. Other relevant legislation and regulation includes:

• The Human Rights Act 1998;
• Equality Act 2010;
• The Data Protection Act 2018;
• Tenant Involvement and Empowerment Standard.

4. POLICY STATEMENT

4.1 One Manchester is committed to providing a fair, consistent, and accessible service for all our customers, and welcome feedback, complaints, and comments as a learning opportunity. However, in a minority of cases, people pursue their interactions with One Manchester in a way that could affect the service we provide to other customers or cause offence or danger to our colleagues. Where this occurs, we may seek to use this Policy.

4.2 There are three key points which must be understood in line with this Policy:  

4.2.1 We will not, as a standard, limit or apply restrictions to the contact customers have with One Manchester, where there is no justifiable cause.

4.2.2 Raising legitimate queries, criticisms, complaints, or challenge against an enquiry should not in itself lead to someone being regarded as unreasonable. Any customers that are unhappy with the outcome of an enquiry should be encouraged to follow the designated escalation routes.  

4.2.3 One Manchester will consider the relevant needs of the individual and circumstances when deciding on how to proceed in cases of unreasonable behaviour. This is particularly important where a customer may act in ways deemed unreasonable due to an underlying health condition, such as a mental health issue or disability making it difficult for them to express themselves. We will take into account known vulnerabilities, and also refer customers for appropriate support where a vulnerability is presented, as per our Vulnerability Policy.  

5. UNREASONABLE BEHAVIOUR

5.1 All instances of unreasonable behaviour will be recorded. Examples include:

5.1.1 Aggressive, violent, offensive, abusive, derogatory, or discriminatory language or behaviour (actual or threatened) including unsubstantiated allegations, and malicious complaints towards or about One Manchester colleagues, or third parties/contractors working on our behalf.

5.1.2 Unreasonable demands – e.g. requesting large volumes of information*, demanding unreasonable response times, refusing to speak to an individual, or insisting on speaking with another.

5.1.3 Unreasonable persistence – e.g., refusing to accept the answer provided or outcome reached, continuing to raise the same issue without providing any new evidence, continuously changing, or adding to the subject matter of the enquiry.

5.1.4 Persistently failing to identify the precise issues they wish to be resolved or investigated.

5.1.5 Harassment through continuous and/or excessive contact (by any communication method, including social media posts.). This includes identifying individual colleagues or contractors within any media or social media posts.  

5.1.6 Unwillingness to accept documented evidence.

5.1.7 Recording or filming of conversations, either over telephone or in person, without the consent of other parties.

5.1.8 Threats to break clauses within a tenancy agreement or lease, such as refusing entry/access for required works, or withholding payments without good reason.

*Notwithstanding a person’s right to make a subject access request, where it is not re-sending duplicate information which has been requested multiple times.

6.0 APPLYING THE POLICY

6.1 Before restrictions are considered, One Manchester will advise the customer that this Policy may be applied, what this could mean and, wherever possible, provide the opportunity for customers to change their behaviour before any restrictions are applied. If the unreasonable behaviour is from a representative of an organisation, One Manchester will request that the organisation ensure that the behaviour does not reoccur.

6.2 For those who need additional guidance or advocacy, support will be offered on a case-by-case basis, including those whose behaviour is because of issues such as mental health or adverse childhood experiences.  Where appropriate, we will offer to liaise directly with:

• any support workers or 3rd parties/agencies engaging with the customer; 
• a nominated representative, such as a friend/family member, or Member of Parliament/Local Councillor.

6.3 Should the unreasonable behaviour continue past this initial warning, One Manchester may consider a wide range of restrictions to apply to the customer. These will be appropriate and proportionate to the nature and circumstances of the behaviour.

6.4 The decision to apply this Policy will be made jointly by a Head of Service or Director and the Chief Experience Officer. The customer will be informed, in writing or other accessible formats, of the decision and reasons why the behaviour was deemed unreasonable, details of earlier warnings, any restrictions being imposed, and how long the restrictions will remain in place.

RESTRICTIONS

7.1 This may include any of the following. Please note, this list is not exhaustive:

7.1.1 Colleagues’ ending all direct contact with the customer.

• Restricting contact with the customer, including:
• limiting the types of contact the customer can use;
• limiting the timeliness and frequency of contact;
• limiting the number of issues that can be raised within a specified period.

7.1.3 Appointing a named One Manchester colleague who will co-ordinate all communication with the customer.

7.1.4 Requiring the customer to communicate with us via a named representative.

7.1.5 Declining to give any further consideration to an issue unless additional evidence or information is provided.

7.1.6 Where the behaviour is from a representative of an organisation, One Manchester may raise a formal complaint.

8. CONTINUED INSTANCES OF UNREASONABLE BEHAVIOUR

8.1 Should the unreasonable behaviour continue despite this Policy being applied, this is likely to constitute as anti-social behaviour, and therefore may be a reason for us to begin proceedings to terminate a customer’s tenancy or lease.

8.2 In extreme cases such as physical violence or harassment, actions could include referrals to the police and taking legal action.

9. REVIEWS

9.1 Any restrictions placed on a customer will be reviewed after an agreed period – usually six months. A review period will not exceed 12 months from the date of the restriction(s) being applied.  If the customer’s behaviour is seen to have improved at the point of the review, consideration will be given to lifting some or all of the restrictions. A decision to lift the restrictions will be made jointly by a Head of Service or Director and the Chief Experience Officer. The customer will be informed of the decision in writing, or other accessible formats if required.

9.2 If the behaviour has not improved, the customer will be informed of the reasons why the restrictions remain in place, and a further review date will be agreed. One Manchester may consider taking appropriate legal action at this point.

10. APPEALS

10.1 A customer who has restrictions placed on them is entitled to appeal that decision. Should the customer wish to appeal, they must do so within 10 working days of the restriction(s) being imposed. Appeals will be reviewed by an impartial Head of Service or Director, and their decision is final. An unsuccessful appeal cannot progress through One Manchester’s complaints procedure, unless it is directly related to restrictions put in place regarding unacceptable behaviour relating to safeguarding or health and safety.

11. COMPLAINTS  

11.1 If a customer is unhappy about a decision in relation to this Policy, they should first follow our complaints process. If they are still not satisfied, they may then take the complaint to the Housing Ombudsman.

12. RESPONSIBILITIES

12.1 The Chief Experience Officer is responsible for ensuring this Policy complies with any legislative requirements or regulatory guidance.

12.2 Investigations relating to unacceptable behaviour towards colleagues will be conducted by the relevant line manager. In the case of any serious violence (threatened or actual), immediate action will be taken, including referral to the police.

13. EQUALITY IMPACT ASSESSMENT

13.1 An Equality Impact Assessment (EQIA) has been completed and assessed.

13.2 The EQIA found that there were no additional recommendations required.

14. MONITORING AND REVIEW  

14.1 Compliance with this Policy shall be monitored by the Head of Neighbourhoods. We will review the impact of this Policy on customers with protected characteristics.

14.2 This Policy shall be reviewed every three years or sooner in accordance with any legislative or regulatory changes.

14.3 The Head of Neighbourhoods will be responsible for initiating a review of this Policy.

15. CONTACT PERSON  

15.1 The Head of Neighbourhoods has responsibility for the effective delivery of this Policy.

16. ASSOCIATED POLICIES AND DOCUMENTS

• Internal Documents:
• Complaints Policy;
• Anti-Social Behaviour Policy;
• Hate Crime Policy;
• Tenancy Management Policy;
• Health and Safety Policy;
• Equality, Diversity and Inclusion Policy;
• Vulnerability Policy.  

16.2 External Documents:  

• Tenant Involvement and Empowerment Standard;
• Housing Ombudsman guidance on unreasonable complainant behaviour.