Vexatious Complaints and Unreasonable Behaviour Policy
Thimbleby Parish Council
Vexatious Complaints and Unreasonable Behaviour Policy
________________________________________
1. Purpose of the Policy
This policy sets out how Thimbleby Parish Council will respond to behaviour from individuals that is considered unreasonable, persistent, abusive, or vexatious. It aims to protect staff, councillors, and volunteers from behaviour that disrupts the proper conduct of council business or creates a hostile, intimidating, or unsafe environment.
________________________________________
2. Scope
This policy applies to all individuals interacting with the Parish Council, including residents, service users, or others contacting or engaging with the council via meetings, correspondence, phone, email, or social media.
________________________________________
3. Definition of Unreasonable, Vexatious, or Abusive Behaviour
Unreasonable behaviour may include (but is not limited to):
• Persistently raising the same issue without presenting new evidence.
• Excessive, repetitive, or overly frequent contact.
• Demands for responses within unreasonable timeframes.
• Use of aggressive, offensive, discriminatory, or threatening language.
• Bullying, intimidation, or coercive behaviour toward councillors, staff, or volunteers.
• Harassment, including targeted or unwanted contact intended to cause alarm, distress, or fear.
• Filming, recording, or photographing council members or staff outside of public meetings, or during meetings in a way that is intended to cause distress, fear, or harassment.
Note: Under the Openness of Local Government Bodies Regulations 2014, members of the public have the legal right to film, photograph, or record public council meetings. This right does not extend to actions that constitute harassment or intimidation, or to private settings.
________________________________________
4. Criteria for Action
Before taking any action under this policy, the Clerk (in consultation with the Chair or nominated councillors) will ensure that:
• The concern or complaint has been appropriately investigated or responded to.
• Reasonable efforts have been made to resolve the issue informally.
• The behaviour meets one or more of the definitions outlined above.
________________________________________
5. Managing Unreasonable or Vexatious Behaviour
If behaviour is deemed unreasonable, vexatious, or abusive, the Council may take one or more of the following actions:
• Limit communication to a single point of contact (e.g., the Clerk).
• Specify acceptable times, frequency, or format for contact.
• Decline to respond to repetitive or abusive correspondence.
• Issue a written warning.
• Refer the matter to a relevant external authority.
________________________________________
6. Escalation to External Bodies
Where the behaviour is serious or potentially unlawful, the Parish Council may refer the matter to:
• The Monitoring Officer of the Principal Authority (for councillor conduct matters).
• The Council’s HR advisor, where the behaviour affects staff wellbeing.
• The Lincolnshire Association of Local Councils (LALC) for policy support or mediation.
• The Police, where the behaviour may constitute harassment, stalking, threats, or other offences.
• The Council may seek legal advice where appropriate.
________________________________________
7. Review and Appeal Process
An individual subject to restrictions under this policy may request a review of the decision.
Where possible, the review will be carried out by councillors who were not directly involved in the original decision. Due to the small size of the council, this may not always be achievable. In such cases:
• The review will be conducted in confidential session, with the public excluded under Section 1(2) of the Public Bodies (Admission to Meetings) Act 1960, to protect the privacy of all parties.
• The council may seek independent input from the Lincolnshire Association of Local Councils (LALC) or the Monitoring Officer, if impartiality is in question.
The individual will have the opportunity to submit written representations prior to the review.
The outcome of the review will be confirmed in writing within 30 working days.
________________________________________
8. Disruptive Behaviour at Council Meetings
Members of the public are welcome to attend and observe council meetings but must not disrupt proceedings.
Disruptive, aggressive, or abusive behaviour may result in:
• A formal request to leave the meeting;
• Suspension of the meeting until order is restored;
• A resolution passed by the council to exclude an individual under Standing Orders, or the use of the Chair’s authority under the Council’s Standing Orders to remove the individual from the meeting or termination of the meeting;
• Referral to the Police if the behaviour constitutes a breach of the peace or other criminal offence (e.g. under the Public Order Act 1986).
• Criminal offences may be committed if the individual engages in disorderly conduct under the Public Order Act 1986 or refuses to cooperate when asked questions by a police officer, including refusal to provide name and address under Section 50 of the Police Reform Act 2002.
The Council reserves the right to take appropriate action to maintain the safe and lawful conduct of its meetings. This may mean that the Parish Council resolves to remove all public participation sessions from its meetings until the risk of disruption has diminished.
________________________________________
9. Record Keeping
Records relating to the application of this policy will be held securely and in accordance with data protection legislation.
This includes:
• Logs of communication deemed unreasonable
• Decisions and justifications
• Dates of any reviews and outcomes
________________________________________
10. Policy Review
This policy will be reviewed every two years, or earlier if there are changes to legislation, guidance, or best practice.
________________________________________
This policy was adopted by Thimbleby Parish Council on 7th May 2025.