Policy paper

Unreasonable behaviour policy: Judicial Appointment and Conduct ombudsman

Published 28 March 2024

Introduction

The Judicial Appointment and Conduct ombudsman (JACO) carries out independent investigations into complaints about how investigating bodies have handled complaints alleging misconduct by judicial office holders. We also look at the handling of complaints about the judicial appointments process.

During the course of their work, staff at the JACO office will contact, speak to and very occasionally meet with a variety of different people. These include:

• complainants
• employees of the bodies we investigate
• civil servants
• journalists or researchers
• members of the public with an interest in our work, including those who submit Freedom of Information requests

The JACO office communicates via letter, email and telephone. Face-to-face meetings may be held very occasionally when deemed necessary.

The JACO office is committed to ensuring all communications are positive, fair, polite and helpful. Everyone who contacts the JACO will:

• be treated with respect and dignity
• be treated fairly with regard to all procedures, policies and investigations.

No individual will be unjustly discriminated against. This includes, but is not limited to, discrimination because of:

• gender
• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion and belief
• sexual orientation (including perceived sexual orientation)

Unreasonable behaviour

Occasionally, people will contact the JACO office and exhibit behaviour or actions that make it very difficult for us to assist with their enquiry. This unreasonable behaviour might take many forms but could include abusive language and/or unreasonable demands made of our staff or sending us offensive/explicit material.  We deal with emotive matters that are important to our customers, so we accept that customers may be unhappy when they contact us or may not agree with the outcome we reach. But it is unacceptable for staff to experience:

• any form of discrimination
• aggressive or abusive behaviour (including making threats, physical violence, personal verbal abuse, derogatory remarks and rudeness, inflammatory statements and unsubstantiated allegations)
• offensive or explicit language or content

In such cases the JACO office has a responsibility to take action to protect it’s staff.

This policy explains how we identify unreasonable behaviour and manage these interactions within the JACO office, and how we protect the rights of individuals throughout the process.

Examples of behaviour that the JACO finds unacceptable

These are some of the types of behaviour that the JACO finds unacceptable and may take action against under this policy. The list is not exhaustive:

a. Abusive or offensive behaviour

We understand that individuals that contact us might be in difficult or upsetting circumstances, and that they may be frustrated and angry because of the way they feel they have been treated. However, the JACO office has a duty to protect it’s staff. 

The JACO office will not accept any abusive behaviour directed towards staff, whether this is in writing, phone or face-to-face communication that may cause staff to feel intimidated, uncomfortable, degraded, threatened or abused. Such behaviour would include:

• aggressive swearing repeatedly directing swear words at JACO staff and ignoring requests to stop doing so
• discriminatory language (such as racist or sexist language)
• making unfounded accusations about staff motives or behaviour
• shouting
• repeatedly interrupting
• making threats
• making lewd or obscene comments
• using social media to gain personal information about staff to embarrass or harass staff

b. Unreasonable demands

The JACO aims to provide an accessible service to all individuals and seeks to respond positively to requests when reasonable. A demand, though, is unacceptable if complying with it would substantially impact on the work of the office, not be a good use of staff time, and/or the cost of responding would exceed appropriate limits.  Such demands include:

• repeatedly demanding a response within an unreasonable timescale -  insisting on speaking to a particular member of staff when that is not possible
• making repeated approaches about the same issue without raising new information
• vexatious requests for information
• repeatedly changing the substance of a complaint
• raising unrelated concerns or refusing to accept a decision where explanations for the decision have been given

c. Excessive unhelpful communication during an investigation

The JACO is pro-active in seeking out information required to investigate a case thoroughly and objectively. We also endeavour to keep individuals up to date with progress when the case is complex and the timescale lengthy. Generally, we do not require additional information to be sent in during investigation unless it is new and relevant to the case.

Sometimes the volume and/or unfocused nature of letters sent to the JACO by individuals can delay investigation of a complaint. For example, a complainant might inundate the JACO office with copies of material that has already been submitted or that is not relevant to the complaint. 

d. Refusal to co-operate

It is unacceptable if a person refuses to engage with the complaints process by:

• refusing to provide information and/or evidence
• not providing a summary of their concerns
• not providing comments or responses to reasonable deadlines
• not agreeing to a defined complaint scope within a reasonable timescale.

e. Unreasonable use of the complaints process

It is important for individuals to be able to ask for an objective investigation into a situation where they believe they are not being treated fairly or according to policy. A complainant has the right to legitimately complain to the JACO about an investigating body as many times as they need.

There may be times though when we consider that an individual is making continued vexatious complaints. Such use of the complaints system risks taking up JACO staff time and delaying the progression of genuine complaint investigations. Examples of this may be:

Access to the JACO’s service is an absolute right for individuals but if such circumstances do arise, where we believe that the process is being used in a vexatious manner, we reserve the right to take action to ensure the use of the complaints process is legitimate.

f. Other unreasonable behaviour

The categories and examples listed in this policy provide the basis for the JACO office to determine whether any action is required against individuals but are not exhaustive. The JACO office reserves the right to determine that other repeated behaviour that stops it performing efficiently and effectively or ensuring its staff can work without abuse or harassment, is classed as unreasonable.

This includes enclosures within communication; We consider sending letters or other material smeared with blood or other bodily fluids, excrement or other undesirable substances, or containing obscene material as unreasonable.

Process for managing unreasonable behaviour

Stage 1 – Initial concerns raised

Anyone within JACO may decide that the behaviour of an individual complainant needs to be considered to identify whether it is unreasonable, under the guidelines given in this policy. At this stage the member of staff will gather the evidence and raise the matter with the Head of Office (HoO).

Stage 2 – Confirmation of unreasonable behaviour

The HoO will consider the evidence presented. The HoO will also consider the individual’s circumstances and any mitigating factors. The HoO may also consult others in the office. The HoO will then refer the matter to the JACO to take the decision whether the individual’s behaviour is unreasonable.

Stage 3 – Notification of unacceptable behaviour

If unreasonable behaviour is confirmed, the JACO will write to the individual (or other agreed format of communication where a reasonable adjustment is in place) to notify them that their behaviour has been deemed unreasonable, and what action the individual is expected to take to cease the unreasonable behaviour. The letter will detail what behaviour specifically is unacceptable and when in the past this behaviour has been shown. We will explain that their behaviour is hindering the JACO’s consideration of their, or other people’s, complaints or requests for information and that if it continues the JACO reserves the right to take action.

Stage 4 – Implementation of action

If the unreasonable behaviour persists, the JACO will take appropriate action, as outlined in paragraph 4 below.  Not all individuals will be managed through all of these steps. The JACO reserves the right, in the most exceptional of circumstances to take immediate action against the most abusive individuals, including (where appropriate) discontinuing any complaints investigations.

Examples of what action might be taken

Actions that JACO may take in response to unreasonable behaviour include:

• limiting or withdrawing the service
• restrict a complainant’s contact with the office to certain times on set days
• requiring the complainant to limiting their communication to matters which fall specifically within the JACO’s remit
• temporary or permanent blocked access to the JACO voicemail service/email
• stop communicating about a particular issue or question that we feel we’ve already responded to or answered
• stop communicating with someone by phone and communicate in writing only
• no longer investigate a complaint at all

In circumstances we consider to be exceptional, we will contact the police.

Dealing with abusive voicemails

The details of abusive voicemails will be logged and reported to MoJ security.  The JACO may request that the number is blocked for repeated and extreme abusive callers.

Dealing with threats to staff

Threats made towards JACO staff will always be taken with the utmost seriousness whether made in writing, by phone, during a personal interview, or over social media. In exceptional cases we reserve the right to refuse to accept a complaint or future complaints from an individual and where appropriate, we will refer the incident to the police for criminal investigation.

Making sure our service is accessible to those who need it

We will always aim to make sure that we meet the requirements of the Equality Act 2010 and the Public Sector equality duty. This includes considering adjustments for disabled people and people living with a long-term health condition or impairment.

On occasion however, someone’s behaviour may go beyond what is reasonably acceptable. If this happens, we will follow the guidance as set out in this policy.

Some people who have a disability, long-term health condition or impairment may be subject to a restriction under the policy. In these cases, we will consider whether applying the restriction would affect that person more than someone who does not have that disability, health condition or impairment. Where necessary, we will make sure you are still able to access this organisation.

Complaints about our service

We want to provide our customers with excellent service and a high level of quality in how we handle complaints. If you want to complain to us about the service we’ve given you, please write to us at: [email protected] and we will try to resolve the problem.