Policies and Procedures

DOCUMENT CONTROL: Rev 1.0 Adopted July 2024. Effective July 2024.

INTRODUCTION

1.    DUTIES UNDER THE FREEDOM OF INFORMATION ACT (FOIA) 2000

2.    DEFINITIONS

3.    POLICY IMPLEMENTATION

4.    DECIDING TO RESTRICT CONTACT

5.    APPEALING A DECISION TO RESTRICT CONTACT

6.    RECORDING AND REVIEWING DECISIONS

Introduction

The Hemswell Parish Council Publication Scheme and policies available on the PC website[1] demonstrate transparency in its reporting and sharing of information, including how it handles complaints, correspondence and contact from residents. The PC is committed to dealing with complaints in a consistent, fair and reasonable manner and generally, the handling of complaints and requests for information is a simple process. The term ‘complaint’ in this policy includes requests made under the Freedom of Information Act (FOIA) 2000 [see www.ico.org.uk] and reference to the PC Complaints Procedure is, where relevant, to be interpreted as meaning a request under this Act.

1.  Duties under the Freedom of Information Act (FOIA) 2000

Hemswell PC has duties under the Freedom of Information Act (FOIA) 2000 to respond to requests for information. It must let the requester know whether the PC holds the information and to provide that information. However, a request for information must be valid as defined by the FOIA (namely, it is in writing by a person providing a correspondence address, using their real name, with a genuine attempt to describe the information they are seeking.) The PC cannot refuse a request simply because it does not seem to be of much value, but a minority of requesters may sometimes abuse their rights under the FOIA, which can threaten to undermine the credibility of the freedom of information system and divert resources away from more deserving requests and other public business. Sadly, there may be occasions where the frequency, tone or nature of requests and contact with residents may be described as bullying, harassment or intimidation[2] which the PC defines as ‘unreasonable complainant behaviour’ or ‘unreasonably persistent complaints’.

2.  Definitions

The PC defines:

• Unreasonable and unreasonably persistent complainants as those complainants who, because of the frequency or nature of their contacts with the PC, hinder their, or other people’s, complaints (referred to below as ‘the party’).

The PC will refer to the guidance issued to local authorities by the Information Commissioner’s Office (ICO) (www.ico.org.uk) to analyse whether a request is vexatious and the broad themes of requests and definitions within the Protection from Harassment Act 1997 and Equality Act 2010 when considering behaviours associated with complaints.

The FOIA (Section 1(1)) and FOIA (Section 14(2)) allow councils to refuse a request if it is:

• Vexatious, i.e., a request that is likely to cause a disproportionate or unjustifiable level of distress, disruption or irritation.
• Persistent, i.e., a request which seeks the same, or substantially the same information, as the applicant has previously requested unless a reasonable time has passed between the requests.

3.  Policy Implementation

The implementation of this policy will be considered a ‘last resort’ and only implemented after resolution by full council. If a situation escalates to the point where the request for information or complaint is considered vexatious or persistent or is considered to be from an unreasonable or unreasonably persistent complainant, the clerk will consult with the Chair of the PC before responding in writing to the party. The PC may maintain an ‘evidence log’ to record relevant correspondence or behaviour to support the decisions of the PC if the party complains to the ICO.

In the first instance, the PC will seek to resolve the problem through a conciliatory approach and open dialogue with the party (although it is not legally obliged to provide advice and assistance where a request is vexatious). The party will receive one written warning, together with a copy of this policy, advising that if their actions/behaviours continue, it will result in the PC treating them as a ‘persistent or unreasonable party’ and that future contact may be restricted. If the policy is implemented the party will be informed in writing and advised how their contact/communication with the PC will be affected. The letter will outline the length of time the restrictions will be in place and how the party can ask for the restricted status to be reviewed at the end of this period.

4.     Deciding to Restrict Contact

If communication or the party is considered to be vexatious, persistent or unreasonable, the PC may impose certain restrictions tailored as appropriate and proportionate to the nature of the complaint/behaviours. This may include:

• Requesting the party may only contact one nominated member of the council or staff.
• Requesting the party contact the PC in a specific way, e.g., by letter rather than e-mail.
• Setting a limit on emails, telephone calls that will be accepted from the party (e.g., one call per week).
• Receiving no further responses to enquiries and communications from the party on the same matter if no substantive new issue is raised, typically six (6) months.
• Receiving no responses to all enquiries and communications made to the council by the party for a set period, typically six (6) months, if no substantive new issue is raised.
• If the party does not reside in the parish, they will be advised that all future correspondence will be ignored and left unread.

West Lindsey District Council (WLDC) Monitoring Officer will also be informed that Hemswell PC has designated a constituent as a ‘persistent or unreasonable party’.

5.     Appealing a Decision to Restrict Contact

A party can appeal the decision against being placed on an ‘unreasonably persistent or vexatious contact list’ within 15 days of being notified of such a decision. This must be done in writing with reasons, setting out clear reasons for appeal and sent to the Clerk.

6.     Recording and Reviewing Decisions

If a decision is made to implement this policy, this information will be recorded and shared with PC members (in accordance with UK GDPR). Any further correspondence from the party will be read and may be added to the ‘evidence log’. The clerk will write to the party advising them of the review's outcome. If the behaviour has improved, A decision to restrict contact may be reconsidered if the party shows a more acceptable and consistent approach in their contact with the PC, otherwise, restricted contact will continue and be reviewed annually.

Any new matters raised about new issues by people who have come under this policy will be treated on their merits.

Related Documents

Hemswell PC Scheme of Publication       Hemswell PC Complaints Procedure        Code of Conduct           

Freedom of Information Act 2000          Protection from Harassment Act 1997    Equality Act 2010