Managing Unreasonable Customer Behaviour Policy

Introduction

This policy outlines mhs group’s commitment to ensuring the safety, health and wellbeing of its employees, contractors, and visitors by preventing and managing incidents of unreasonable customer behaviour.

Who needs to know

This policy is relevant for all staff, contractors and customers to protect them from harm and make sure actions are taken to address and prevent unacceptable behaviour.

Policy statement

mhs has a zero tolerance towards unreasonable behaviour by customers towards staff in the workplace. Individuals should feel safe at work and not be exposed to undue or unreasonable risk. Employees should also be able to work safely, free from threats, actual injury, acts of aggression, harassment, or violence.  

We aim to minimise, manage, and control such risks. However we also have a duty to our customers and we will make sure that this policy supports us to deal with customers fairly, honestly, consistently and appropriately. We appreciate that people experience many barriers and pressures (for example, cost of living, vulnerability, and trauma impacts, both visible and invisible) that may impact their behaviour. We will try to understand them better to offer help and referrals as appropriate to support them.  

We will take action against customers whose behaviour is unreasonable towards our staff, contractors or anyone else working with us to deliver a service to our customers. This includes when an mhs customer, a member of their family or a visitor to their property behaves in an unreasonable manner. We will make sure that colleagues will be updated on any actions taken to enforce this policy. 

Purpose

By adopting this policy, mhs will ensure that we:

  • provide a clear framework for identifying, managing and responding to incidents of unreasonable customer behaviour 

  • Make sure that all individuals feel safe and supported in their interactions with mhs.  

  • To ensure colleagues are supported where they have experienced violence or aggression towards them from an mhs customer. 

  • Promote a culture of respect, professionalism, and mutual understanding across all relationships 

  • Comply with legal requirements, including the health and safety at work act (1974) and the management of health and safety at work act (1999) 

Scope

Employees: All permanent, temporary and agency staff employed by mhs 

Contractors: Anyone providing services on behalf of mhs 

Visitors: anyone working with mhs in a professional capacity for example social services or mental health services. 

The policy covers all settings and interactions including: 

  • mhs offices and facilities 

  • Home visits, estate inspections or other off-site interaction, such as engagement conferences, walkabouts, or professional meetings. 

  • Telephone, letter, email or other digital communication between staff, customers and third parties. 

Others: Any customers or members of the public affected by customer’s unreasonable behaviour that isn’t covered by our Anti-Social Behaviour policy

Roles and Responsibilities

mhs, as the employer will provide a safe environment by identifying, assessing, and mitigating risks associated with unreasonable customer behaviour. This could include: 

  • Supplying lone worker devices where these may be necessary 

  • Providing support 

  • Making sure that people don’t work alone at addresses where  there is an authorised flag on the system 

  • Any other reasonable action that makes sure our staff are able to work safely 

We will also deliver appropriate training and guidance for staff on managing and de-escalating situations as well as how to stay safe while lone working.  

In line with our health and safety policy we’ll make sure that there is clear reporting, investigation, and response procedures for incidents, with standard approaches that also consider suitable action to be taken against the customer for unreasonable behaviour. 

Our employees will: 

  • Report incidents promptly using the violence and aggression app 

  • Follow training and guidance to minimise risk 

  • Ensure lone worker devices are charged and used correctly for every visit 

Customers and visitors to their properties are expected to treat staff and others with respect. There will be no tolerance of violent, aggressive behaviour, abuse, harassment and/or discriminatory aggression, towards mhs staff and our contractors.  

Definitions 

To make sure we’re clear and consistent in the application of this policy, the key terms are set out below: 

  • Violence: Any incident in which a person is physically assaulted, injured, or subjected to force by an mhs customer, a member of their family or a visitor to their property. This includes physical attacks, pushing, or any other form of physical harm, or threat of physical harm – for example having things thrown at them. 

 

  • Aggression: Hostile, threatening, or intimidating behaviour that may not result in physical harm but causes fear, stress, or discomfort to others. Examples include but are not limited to, threatening behaviour with a weapon, shouting, swearing, and nonverbal intimidation  
     

  • Abuse: The use of offensive language or behaviour intended to demean, humiliate, or belittle another person. This includes verbal abuse (including on the phone), written abuse (e.g., via letter, email, or social media), and psychological abuse.  

  • Harassment: One off incidents or persistent and unwanted conduct online or in person, that causes alarm, distress, or humiliation. This can include inappropriate suggestions or behaviour, bullying, stalking, or unwanted filming of a member of staff 

  • Sexual Harassment: One off incidents or persistent and unwanted conduct including but not limited to, unwelcome comments, gestures or acts of a sexual nature. 

  • Hate Crime: incidents typically involving violence but that are motivated by prejudice on the basis of ethnicity, religion, sexual orientation or similar grounds  

  • Discriminatory aggression: Any form of violence or aggression motivated by prejudice or bias against an individual’s protected characteristic, such as their ethnicity, religion, gender, age, sexual orientation, or disability.  

  • Incident: Any event, whether isolated or repeated, where an individual experiences or witnesses’ violence, aggression, or behaviour that contravenes this policy.  

Incidents of anti-social behaviour will be dealt with as outlined in our Anti-social behaviour policy. Anti- social behaviour covers incidents between customers. The incidents outlined in this policy involved staff members and contractors.  

Policy Detail

Unreasonable demands: 

Customers may make what we consider unreasonable demands if they impact substantially on our work through the amount of information they seek or provide, the nature and scale of service they expect, or the regularity or number of approaches they make including within the complaints process. 

Examples of this behaviour include: 

  • asking for responses within an unreasonable timescale, 

  • insisting on communicating with a particular member of staff, 

  • continual phone calls, emails, or letters, 

  • repeatedly changing the substance of the complaint or raising unrelated concerns. 

We also consider that users who will not or cannot accept that mhs is unable to assist them further or provide a level of service, other than that set out in our policies and standards, are making unreasonable demands.  

Examples of this behaviour include: 

  • Persistent refusal to accept a decision which has been explained, 

  • Persistent refusal to accept explanations relating to what the mhs can or cannot do, 

  • Persistent complaints about neighbours with no meaningful new information 

  • Continuing to pursue a case without presenting any new information 

The way in which these customers approach us may be reasonable, but it is their persistent behaviour in continuing to do so that is not. We will consider any individual needs that may impact on someone’s behaviour, but we will also consider the impact it has on our staff and their ability to carry out their job. 

Risk Assessments: 

Departmental risk registers capture risks related to personal safety and unacceptable behaviour in relation to the service that department delivers 

When we assess risks, we consider several areas, including:  

  • Likelihood of the incident happening 

  • Impact (who might be harmed and how) 

  • Evaluating the risks and setting out control measures  

  • Implementing the control measures 

  • Reviewing the assessment 

We also undertake dynamic risk assessments, which ensure colleagues are able to remove themselves from situations. They also encourage working with others to feel safer in these situations.  

For example:  

  • Working with another person when delivering eviction notices 

  • Where someone feels that a situation is escalating, and they would prefer to leave rather than stay and be risk being subjected to verbal or physical abuse 

The Health and Safety risk register includes risks around protecting staff from incidents that risk their safety when dealing with customers. These incidents are mostly violent or aggressive as they pose the highest risk to employees' safety. 

Risk assessments are carried out on customers in our supported living schemes and Foyers to help us provided tailored support but also to assess the risk of violence and unacceptable behaviour. 

Prevention measures: 

All staff members that undertake lone working as part of their role should complete lone worker training before going out alone.  

Staff members that deal with customers out in the field or on visits should ensure their manager is aware where they are each day by keeping their calendar updated (unless they have booked jobs) and by providing updates if plans change. 

Lone workers should always keep their lone worker devices on them and ensure they are charged, and they know how to use them. 

Lone workers should keep their work phone adequately charged and on them at all times when visiting or meeting with customers. 

Additional training such as personal safety or self-defence or conflict resolution training to be provided to staff members who work face to face with customers where it is identified that this would be helpful for their role. 

Staff members will be trained on how to report incidents and near misses and refresher training provided annually as a reminder. 

Incident Reporting and Response: 

All incidents of unreasonable customer behavior must be reported through the Violence and Aggression App, available on both desktop and mobile. Reporting via the app is crucial for several reasons: 

  • Immediate Alerts: Managers are instantly notified of incidents, enabling them to provide timely support to staff. 

  • Risk Monitoring: It allows us to continuously monitor and review risk assessments for individuals or locations, ensuring a safer environment. 

  • Task Allocation: The app assigns follow-up tasks to managers or teams, facilitating prompt and effective action against problematic customers 

Support for affected staff: 

In addition to reporting the incident staff should approach their manager or a trusted colleague if they feel they need support. This could include: 

  • Speaking to a Mental Health first aider 

  • Access to our Employee Assistance Program (EAP) 

  • Speaking to VOICE colleagues 

  • Debriefing sessions for people or teams following an incident. 

  • Time off or flexible working arrangements if necessary 

  • Referral to Occupational Health if needed. 

  • Changes to working pattern or role (in agreement with the affected member of staff) as appropriate 

Actions we may take as a result of unreasonable customer behaviour: 

  • Reporting to the police for incidents where there is an urgent need for law enforcement and/or a risk of safety to staff 

  • Ending calls where customers are displaying unreasonable or verbally abusive behaviour 

  • Verbal warnings that behaviour is unacceptable, either at the time of the incident or afterwards 

  • Written warnings following incidents where appropriate 

  • Using ‘Visit in pairs’ flags on One (with regular review) to ensure two staff members attend where we identify a risk, this can impact repair timescales and cause delays for other services 

  • Sharing our complaints procedure to allow customers to express dissatisfaction in a more appropriate way 

  • Warnings or enforcement action under agreements (e.g. injunctions, seeking possession) 

  • Limiting volume of contact and limiting contact channels (e.g. not visiting, contact in writing only)  

  • Limiting contact so it is directed to a nominated member of staff or team only 

  • Limiting the channels and frequency of responses we make (e.g. no longer responding on matters that we consider have been closed) 

  • Reporting to the police where appropriate 

  • Making safeguarding referrals where there is concern behaviour may be due to additional needs or concern for the customers wellbeing 

Appeals and review process: 

Customers can appeal a decision made by following our appeals policy. 

We will review any modifications to how we work with a customer, on the basis of this policy, on an annual basis. 

Customers will be notified in writing of any follow up action that will be taken and when a flag on their account will be reviewed. 

Data and reporting

  • Regularly review the policy and incident data to identify patterns and address root causes. 

  • Ensure the policy remains effective and relevant. 

  • Engage staff and customers in policy updates. 

Stakeholder Engagement

The ‘Managing unreasonable behaviour procedure’ sets out what colleagues need to do in each scenario. Training and guidance will be given to new starters and contractors where we identify refresher training is needed. 

Managers will be expected to be encouraging reporting of these incidents within their teams and to ensure staff feel supported following incidents 

We will raise customer awareness of expected behaviours and consequences by sharing in the below ways. 

  • Start of tenancy/lease information about  

  • On website 

  • Consistent feedback following incidents verbally and then confirmed in a letter 

Training

Outline briefly if training is required and for whom. It may be that different staff require different training due to their roles and responsibilities. Detailed info on this to be in related procedure if required.

Assurance and Monitoring

Include what assurances are there that this policy is correct and can be relied upon, particularly from a legal and regulatory perspective.

This might include the qualifications or experience of the staff member completing the review/drafting the policy or it could be that external legal advice or review has taken place or simply that the relevant government guidance has been cross checked.

Set out what assurances and monitoring will be provided that this policy is implemented and is effective. This might be internal audit or external third parties that sample check our work or simply management checks that are regularly undertaken and recorded.

This policy is underpinned by the following legal and regulatory obligations, which provide the foundation for managing unreasonable customer behaviour within mhs. 

Health and Safety at Work Act 1974. Requires employers to make sure that as far as is reasonably practicable, the health, safety, and welfare of their employees and other affected by their work activities. This includes managing risks associated with unreasonable customer behaviour 

Management of Health and Safety at Work Regulations 1999. Means mhs have to assess the risks to employees and others, implement appropriate controls measures and provide training to reduce risks – including those posed by violence or aggressive behaviour  

Equality Act 2010 (addressing discriminatory or hate-based aggression). Prohibits harassment and discriminatory behaviour on protected characteristics, such as race, gender, disability, sexual orientation, and religion. Mhs are committed to preventing and addressing any incidents involving discriminatory aggression. 

Protection from Harassment Act 1997. Provides legal protection against harassment, including threatening or intimidating behaviour. 

Housing Act 1996. Includes provisions for addressing aggressive behaviour in housing settings, including allowing landlords to take action against tenants or others who display violent or aggressive behaviour. 

Worker Protection (Amendment of Equality Act 2010) Includes a legal duty for employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. 

Consumer standards 

mhs is committed meeting these standards, and this policy in particular helps us be transparent with our customers around what they can expect from us if they behave in a certain way. 

Related Policies and Procedures: 

Links to other relevant policies include: 

  • Lone Working and personal safety policy. 

  • Health and safety policy. 

  • Safeguarding children and adults policy. 

  • Anti-social behaviour policy 

  • Complaints policy 

  • Appeals policy 

Principles

Equality statement: 

mhs homes has a duty to ensure that no person receives less favourable treatment from the organisation on the grounds of age, disability, gender reassignment, marriage, civil partnership, pregnancy, religion or belief, race, sex or sexual orientation.

​​​​​​​Data protection

mhs homes will only share information that meets the requirements of the Data Protection Act 2018 and the UK GDPR. Confidentiality and impartiality will be exercised by mhs homes at all times.

Assurance and monitoring

We welcome suggestions and comments from people who use or provide our services. We believe that this can provide important lessons to help us ensure that the service is improved for everyone. 

Regular reporting and monitoring of incidents and near misses will help us ensure these are being recorded. Checks will be undertaken to ensure managers and staff members are taking the relevant action following incidents and as per the procedure.