Managing unreasonable conduct by a complainant

We have developed guidance to help organisations and their staff take a systematic and consistent approach to managing their interactions with people engaging in unreasonable conduct.

Recognising unreasonable conduct by a complainant

Some people who complain are justifiably disappointed and angry. This can be because they have been treated unfairly through no fault of their own. Despite this, they are able to manage their frustration and anger. They are also able to productively engage with the systems, processes and people that they interact with.

However, this is not true for everyone. For some people, their frustration or anger can lead to escalated behaviour, including aggressive and abusive conduct towards the organisations and staff handling their complaints. This could be about the subject matter of their complaint, how it was handled or its outcome. We call this unreasonable conduct.

Unreasonable conduct is any behaviour by a person which, because of its nature or frequency, raises substantial health, safety, resource or equity issues for the people involved in the complaint process. These people can be:

  • the organisation responsible for handling a complaint
  • the case officer(s) dealing with a complaint
  • any subjects of complaint
  • the person who made the complaint (potentially including members of their families and friends)
  • other people who make a complaint
  • and other service users.

Unreasonable conduct can happen anywhere. It is not limited to telephone communications or face-to-face interactions. It can also take place online or in written correspondence.

Manual for managing unreasonable conduct by complainants

Our manual for managing unreasonable conduct by complainants helps organisations take a systematic and consistent approach to managing unreasonable conduct.

The manual provides a series of suggestions and strategies to help staff members – not just frontline officers – to appropriately interact with people who may behave unreasonably.

These strategies have been developed by complaint handlers for complaint handlers – and although the focus of this manual is on the public sector, the suggested strategies can be equally applicable to private sector situations.

You can download a PDF of the complete Manual for managing unreasonable conduct by complainants or read it online:

Part 1: What is unreasonable conduct by a complainant?

Part 2: Staff strategies for responding to unreasonable conduct

Part 3: Communication and unreasonable conduct

Part 4: Management responsibilities and supporting staff

Part 5: Restricting and controlling access

The NSW Ombudsman uses this manual as the basis for its Managing Unreasonable Conduct by a Complainant training. Find out whether this training might be right for you or your team.

Publications

Manual for managing unreasonable conduct by complainants
PDF
1.4 MB
NSW Ombudsman, 2021
[Intro]

Managing unreasonable conduct by complainants - Model policy
PDF
767.7 KB
NSW Ombudsman, August 2021
[Intro]

Training

Managing unreasonable conduct by a complainant workshop