Managing Unacceptable Behaviour Policy

1. Introduction 

1.1   Dover District Council (“the Council”) is committed to putting our residents at the heart of our service delivery. We believe that all residents have the right to be heard, understood, and respected. Our staff and contractors should also have the same rights and protections.  

1.2   We acknowledge that people may act out of character in times of trouble or distress. There may have been upsetting or distressing circumstances leading up to the resident contacting us. However, we will not tolerate unacceptable behaviour. It is these behaviours and actions that we aim to manage under this Policy. 

2. Definitions 

2.1 For the purposes of this Policy:  

3. Policy purpose and scope 

3.1   The purpose of this Policy is to set out what we consider to be unacceptable behaviour from residents, our expectations of residents and their behaviour, and to give staff and contractors a framework that enables them to feel confident and supported when deciding upon an appropriate course of action. 

3.2   The Policy defines the following: 

3.3 The Policy applies to: 

All other residents not listed above, will be dealt with in accordance with the Council’s Corporate policies and procedures. 

3.4 This Policy should be read alongside the following documents: 

4. Policy aim and principles 

4.1 In operating this Policy, we will apply the following principles: 

4.2 We also expect residents accessing housing-related services to: 

• Treat staff and contractors with respect, empathy, and dignity. 
• Be courteous. 
• Engage with us in a way that does not hamper our ability to carry out our work effectively and efficiently for the benefit of all residents. 

5. Definition of unacceptable behaviour 

5.1 ‘Unacceptable behaviour’ includes the following: 

Aggressive or abusive behaviour 

5.2 We understand that some residents can be upset and / or frustrated about issues affecting them. If that behaviour escalates into aggression towards staff or our contractors, we consider that to be unacceptable. Any violence or abuse towards staff or contractors will not be tolerated. 

5.3 Violence is not restricted to acts of physical aggression towards staff or contractors. It also includes behaviour or language (verbal or written) that may be used by residents and causes staff or contractors offence, distress, make them feel threatened, and / or abused, and that which can impact on their ability to carry out their jobs and provide services to other residents. 

5.4 We consider unacceptable language to be that which: 

5.5 We may also decide that comments not aimed at housing staff or contractors but at third parties are unacceptable. This is because the effect of listening or reading them may have a negative impact on staff or contractors. Examples include but are not limited to, derogatory remarks, inflammatory statements, offensive comments, or raising unsubstantiated allegations. 

5.6 All threats, whether physical, verbal or written, made against staff or contractors will be taken very seriously. 

Unreasonable and excessive demands 

5.7 A ‘demand’ is defined as an insistent request or one that requires immediate attention. Unreasonable and excessive demands include, but not limited to: 

Unreasonable and persistent levels of contact 

5.8 Sometimes the volume and duration of contact made to an Officer or Housing Services in general by an individual or group can cause problems. This can occur over a short period, for example several calls in an hour or day, or the resident(s) repeatedly makes long telephone calls or inundates the Council with repeated information.  

5.9 Unreasonable and excessive levels of contact include, but are not limited to: 

Harassment 

5.10 Our staff and contractors have the right to carry out their duties free from harassment or threats of harassment. We expect all residents to respect staff and contractors that are delivering services that may not reflect their own views or preferences. 

5.11 Examples of behaviour we consider to be harassment against our staff and contractors include, but not limited to: 

Audio / visual recording of staff and contractors while they carry out their duties, without their prior consent or reasonable excuse. 

Contacting staff or contractors using their personal details or social media presence such as Facebook, Twitter, or LinkedIn. 

Publishing personal, sensitive, or private information about staff or contractors online or via other mediums and domains such as noticeboards or newsletters. 

Refusal to co-operate   

5.12 When we are dealing with a resident(s) issue, complaint or if we are carrying out an investigation, we will need the resident(s) to work with us. This can include, but are not limited to: 

5.13 Sometimes an individual or group may repeatedly refuse to co-operate, and this makes it difficult for us to proceed with resolving the issue or completing our investigation.  

5.14 We will always seek to assist someone if they have a specific, genuine difficulty complying with the request, for example if a resident(s) is disabled or vulnerable. This could be through an adjustment to our service provision to give them equal access. All adjustments made for disabled or vulnerable tenants will comply with our Vulnerable Tenant Policy. 

5.15 However, we consider it unacceptable for any resident to raise a concern and proceed to not respond to clear and appropriate requests by staff. Refusing to cooperate will result in the matter being closed 

6. Policy statements 

Roles and responsibilities 

6.1 Staff are responsible for: 

6.2 Senior Officers, line managers and team leaders are responsible for: 

6.3 Managers are responsible for: 

Tenant responsibilities 

6.4 Tenants are responsible for abiding by the clauses within the tenancy agreement which states: 

You and anyone who lives in or visits your home must not harass, intimidate, abuse or cause a nuisance, annoyance or disturbance to neighbours, local residents, visitors to the area, employees, agents or contractors of the Council or any other person living in, visiting or engaging in a lawful activity in the locality of your home. 

6.5 Failure to abide by the tenancy agreement can result in enforcement action being taken against the tenant(s), household members and visitors and ultimately can result in the loss of the tenancy if taken to court.  

How we will manage unacceptable behaviour 

6.6 We do not expect our staff or contractors to tolerate unacceptable behaviour when communicating and supporting residents. Housing Services have a 4-stage approach to dealing with unacceptable behaviour, which includes a mixture of informal and formal actions. These are: 

6.7 However, in cases where the resident is physically aggressive and / or has physically assaulted, physically threatened or intimidated a member of staff and / or contractors, the usual process will be superseded, and Police will be involved (see 6.23). 

Stage 1 – Initial warning 

6.8 Residents will be given an opportunity to change and moderate their behaviour. Where these circumstances arise, we will take the following steps: 

6.9 We will give residents two initial warnings to moderate their behaviour in a conversation or interaction, whether this is on the phone, in person or via email, before further action is taken (stage 2).  

6.10 Staff should use the Unacceptable User Advice Cards published by the Housing Ombudsman to help manage and diffuse situations where a resident may be acting unacceptably towards them. The cards provide advice, guidance and suggests ways staff can handle difficult conversations with residents. Some examples include angry callers, accusations and allegations, callers who will not stop talking, callers who are threatening staff. 

6.11 If the unacceptable behaviour continues after the initial warnings have been given, the incident will progress to Stage 2. 

Stage 2– written warning 

6.12 We will issue a warning letter (by post and where possible, email) to the resident about their behaviour. The Letter will inform residents: 

6.13 We will progress cases to Stage 3 if the resident’s unacceptable behaviour persists after the warning letter has been issued. 

Stage 3 – contact restrictions 

6.14 Cases progressed to Stage 3 will be overseen by Senior Officers, Line Managers and Team Leaders who will decide what contact restrictions to put in place. Examples include, but are not limited to: 

In addition, we reserve the right to: 

6.15 We will consider contact restrictions on a case-by-case basis and will let the resident know of a decision to impose a contact restriction in writing via letter (by post, and where possible by email). The letter will inform the resident of: 

6.16 Contact restrictions can last between 6 - 12 months. Restrictions can be placed on an individual or individuals, for example, where the individuals causing the unacceptable behaviour are joint tenants, and it can be proven that both individuals are equally responsible for this behaviour. 

6.17 We will report extreme cases of unacceptable behaviour to the Police immediately (please see para 6.23). In such cases we may not give any warning to the resident. 

Stage 4 – review 

6.18 Contact restrictions are reviewed at the end of the period and may be extended if the resident(s) fails to abide by them or their unacceptable behaviour continues. Extended restrictions can be made in the same terms or modified. Restrictions can be extended more than once.  

6.19 We will inform residents of our decision in writing (by post and where possible by email).  

6.20 In circumstances where the restrictions have failed to stop the unacceptable behaviour, we may decide to take legal action. In making any decision to take legal action, we may consider the following (this is not an exhaustive list): 

6.21 There may be occasions where a review is conducted beyond the restriction period, for example if the date falls on a bank holiday or weekend. We will inform the resident where this is the case. 

Extreme cases 

6.22 Cases where a resident has physically assaulted or, physically threatened (including use of a weapon) or intimidated a member(s) of staff or contractor(s) will be treated as an ‘extreme case’. In such cases staff should: 

The following will also apply: 

6.23 In situations where the member of staff or contractor who is subject to such behaviour is away from the office and threats of violence are made about them by the resident in their absence, attempts will be made to contact the member of staff or contractor by telephone or private message to alert them to this since they may inadvertently meet them in public. 

Documenting incidents of unacceptable behaviour 

6.24 We will keep an accurate chronological record on our management system, including documents, decisions and actions (taken and not taken) so that there is a clear audit trail.  

6.25 Records will be used to decide what contact restrictions should be put in place and can be used as evidence of our compliance with this Policy and procedures if a complaint is made to the Housing Ombudsman. 

Risk assessments 

6.26 Risk assessments are carried out at Stage 3. The risk assessment is designed to consider the severity of the incident and the future risk that a resident poses. Information on the risk assessment will help us to determine what contact restrictions should be in place.  

6.27 Completed risk assessments will be uploaded to our management systems and updated where necessary. 

Staff Risk Register  

6.28 The Staff Risk & Unacceptable Behaviour Register (“The Register”), is a corporate system facilitating the recording, reviewing and sharing of information on potential risks to public facing DDC staff and contractors.  These risks will include threatening, violent, aggressive or abusive behaviour, dangerous animals, dangerous structures, heavy drug use, weapons ownership etc. 

6.29 The Register is just one of the lone working tools/strategies staff can use.  Just because a customer or Member of the Public (MoP) doesn’t appear on the register staff should always follow lone working procedures, particularly when visiting a new customer with no previous contact history. 

6.30 Staff wishing to include tenants on the Register can refer to stage 3 of this Policy.  Residents will be included on a Staff Risk Register (“the Register”) when contact restrictions are implemented. The Register is accessible to all Council staff whose duties require access to it, particularly those in resident-facing roles that involve visiting or communicating with members of the public. The purpose of the Register is to: 

• Ensure staff are informed about the associated risks and restrictions when interacting with residents on the register. 
• Safeguarding the health and wellbeing of staff, who have the right to perform their duties without fear or abuse or harassment. 
• Prevent such behaviour from disrupting staffs’ ability to effectively carry out their responsibilities and deliver services to others. 

6.31   We will also share contact restrictions with our contractors (where appropriate) to enable their staff to carry out their duties in accordance with the above points. 

6.32 Active restrictions will be referred to in any tenancy reference checks for potential future landlords where we consider this to be justified and fair. 

6.33 On some occasions we may decide not to inform a resident of their inclusion on the Staff Risk Register, where it decided that by being notified their unacceptable behaviour may be exacerbated. 

Appealing a decision 

6.34 Residents can appeal contact restrictions. These are not the same as complaints (see Section 8). Appeals must be made in writing to the Housing Services within 20 working days of the date of the decision. Residents can email their appeal to: housing@dover.gov.uk. Alternatively, appeals can be posted to us using the address below: 

Housing Services, Dover District Council, Council Offices, White Cliffs Business Park, Whitfield, Dover, CT16 3PJ 

6.35 A Manager will review and respond to the appeal We will endeavour to respond to appeals in writing within 10 working days of receipt of the appeal. The outcome of an appeal is final. 

6.36 Records of any appeals and decisions will be recorded on our management systems. This is to ensure consistency and accuracy of information, for internal audit purposes. 

8.3 All complaints received will be dealt with in accordance with the Council’s Complaints Policy and Procedure. More information about how to make a complaint can be found on our website: If you are unhappy (dover.gov.uk). 

9. Equality, diversity, and inclusion 

9.1 Although we have a zero-tolerance approach to all forms of unacceptable behaviour, we are committed to dealing with all residents fairly, honestly, consistently, and appropriately, including those residents whose actions and behaviours are unreasonable, some of whom may have a protected characteristic.  

9.2 In accordance with Section 149 of the Equality Act 2010 we have completed an Equality Impact Assessment to ensure that this Policy does not negatively impact those protected groups. Where negative impacts have been identified mitigations have been put in place to reduce the impacts. 

10. Privacy statement and confidentiality 

10.1 The Council is a Data Controller under the General Data Protection Regulations (GDPR), and we are therefore required to process and protect data in line with current data protection legislation. 

10.2 Information regarding unacceptable behaviour documented on housing systems will be accessible by other housing-related staff to ensure that restrictions, adjustments, or agreements implemented Managers are upheld.  

10.3 Our ability to record and document information relating to resident unacceptable behaviour is covered under the Housing Service Privacy Notice and the Housing Needs and Housing Options Privacy Notice. Full details of how we store and use personal information can be found on our website. For further information on our data protection compliance please view the Corporate Privacy Notice. 

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