Dealing with unreasonable complainant conduct
Complainants whose conduct is particularly challenging have been around for a long time. They are a fact of life for Ombudsman offices and many other agencies, and anecdotal evidence indicates that their numbers are growing. They take up an inordinate amount of time and resources and can cause significant staff stress. The unreasonable complainant conduct projectThe NSW Ombudsman office, in conjunction with all other Australian Parliamentary Ombudsman offices, is in the process of trialling a new approach to unreasonable complaint conduct. A central feature of the project is the shift in focus away from the difficult person to the person’s conduct. A number of trigger behaviours have been identified and organised into five broad conduct categories, with the defining characteristic being that the conduct is unreasonable: unreasonable persistence; unreasonable demands; unreasonable lack of cooperation; unreasonable arguments; and unreasonable behaviour (anger, aggression, threats). This allows the formulation of a number of specific strategies to enable us to better manage on a case-by-case basis our response to complainants when their conduct becomes unreasonable. It must be emphasised that the mere fact that a complainant is persistent, makes demands, or may be angry does not mean that their conduct is unreasonable in most circumstances. Unreasonableness requires the conduct to go beyond the norm of situational stress that many complainants experience and can be identified using objective measures. It is our experience that only a very small percentage of complainants display such unreasonable conduct, nevertheless, dealing with them consumes a disproportionate amount of resources. The project focus is on shifting the culture of complaint handling so that dealing with difficult complainant behaviour is seen as part of the core function of a complaint handling agency, not just an occupational hazard or interruption to the normal routine, an imposition or a nuisance on the periphery of core work. Such conduct must be dealt with by staff who are well trained, resourced and supported by endorsed official policies and detailed guidelines so that they can confidently make decisions in their interaction with complainants whose behaviour is difficult. Overall, the project aim is to minimise the effect of unreasonable complainant conduct on the process of complaint handling and resource management, thus ensuring equity across all complaints handled by Ombudsman offices. It also aims to minimise both staff stress and possible detriment to the interests of complainants who engage in unreasonable conduct. And finally, it aims to achieve consistency of practice across all Ombudsman offices. For further information on the unreasonable complainant conduct project contact Helen Mueller or Chris Wheeler on 9286 1000. Unreasonable complainant conduct interim practice manualThe project practice manual developed for internal Ombudsman use has now been adapted as an interim document for use by outside organisations. It contains many practical strategies, tips and suggestions to assist the staff of government agencies in their interaction with the small proportion of those whose conduct can be unreasonable. It is available for purchase from this office. Unreasonable complainant conduct interim practice manual Dealing with unreasonable complainant conduct training workshopThis office has also introduced a one-day training workshop titled Dealing with unreasonable complainant conduct based on the approach developed for this project. It is also available as an in-house workshop. Dealing with unreasonable complainant conduct training workshop
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