Reasonable Engagement Policy

We recognise that the issues leading up to a complaint can be challenging, frustrating or upsetting. We try to treat all those in contact with our office with understanding, respect and dignity. Likewise, our staff deserve to be treated with courtesy and respect. If frustration or upset turns into unreasonable behaviour, however, we will take action to manage it.

Our staff are not expected to tolerate behaviour that is abusive, offensive, threatening or, due to the frequency of contact, takes up an unreasonable amount of time and resources. It is important that we share our time and resources fairly and proportionately among our customers.

We will let people know how they can engage positively with our services. We will support people to express concerns about our office and our service in a constructive manner by ensuring:

i. we apply our customer service complaints process fairly and openly when individual concerns are raised;

ii. people understand what stage they are at in our process and, what options they have for providing information and engaging with us.

iii. when our action has concluded we will clearly explain when ongoing engagement is no longer constructive and would not lead to a change in outcome.

iv. we engage with you positively and constructively, addressing any concerns we have as and when they arise by seeking to resolve them informally before considering taking action in line with this policy.

v. we provide information to help ensure concerns can be made about our service

If we decide we need to manage engagement with an individual, we will consider whether they have accessibility needs that we should take into account.

Unreasonable engagement with Fiosrú

We support positive engagement. There are some situations, however, (examples below) that we need to respond to or manage because of the negative impact on the wellbeing of our staff and our ability to provide a service. When we need to manage engagement in this way, we will ensure responses are proportionate to the behaviour and the impact on our organisation and our staff and other customers. Managing engagement in this way seeks to maintain our ability to deliver our services while minimizing the impact of the situation that is causing the disruption.

The following types of engagement are considered unreasonable:

i) Unreasonable Demands

An unreasonable demand can include:

• repeatedly demanding updates or responses within an unreasonable timescale
• unreasonable persistence in raising the same issue repeatedly
• a demand a solution that is not realistic or proportionate or for action regarding a matter that is outside the functions of Fiosrú;
• insisting on seeing or speaking to a particular member of staff or refusing to communicate with the assigned staff member.

ii) Unreasonable lack of co-operation

An unreasonable lack of co-operation can include:

• a refusal to clearly define the matter you are complaining about;
• presenting large volumes of documentation in an unreasonable way;
• repeatedly changing the substance of the complaints or raising unrelated concerns while the Fiosrú’s investigation is ongoing;
• withholding information and/or not being honest about facts;
• non-cooperation which may hinder, obstruct or delay the process.

iii) Other Unreasonable behaviour

Unreasonable behaviour can include:

• multiple phone calls, emails or letters about the same matter;
• threats of violence, abuse of Fiosrú staff, rude or aggressive conduct or sending profane imaging;
• inflammatory statements and unsubstantiated allegations;
• engaging in unnecessary and time-wasting argument;
• recording and using publicly or live streaming may be regarded as harassment even if there is no directly abusive content in the statement.
• personalised commentary on individual staff members online. Anyone who wishes to comment publicly about Fiosrú online should refer to our office and not to individual staff.
  

What happens if you behave in an unreasonable way?

Unreasonable engagement may include one or two isolated incidents or may be the accumulation of incidents or engagement over a period of time. If we consider your engagement to be unreasonable, we will tell you why and we will ask you to change it.

A) Our immediate response to unreasonable engagement

• We will tell the person if we think their language during telephone calls is unacceptable and ask them to stop using such language. Staff have the right to terminate the telephone call if this unreasonable engagement continues.
• We provide guidance to our staff on managing unreasonable or unacceptable demands. In specific situations and without terminating all engagement with a person our staff may end or suspend a particular engagement or interaction if they find the person’s behaviour abusive, distressing.
• If emails are received with profanities and/or unacceptable images they will be automatically blocked by our firewall. Such emails may be delayed or blocked completely. If such emails persist the email address they are being sent from will be blocked.

B) Other actions we may take to address unreasonable engagement

If the unreasonable engagement continues or constitutes a serious risk, Fiosrú, in accordance with our duty under the Safety, Health and Welfare at Work Act, will take action to restrict your contact with our offices and staff.

To ensure consistency, a decision to actively manage a situation needs to be made by a manager. Restrictions will be fair and appropriate and proportionate to the nature of the behaviour. The options we are most likely to consider are:

• not permitting attendance in person at our office or by phone, or directing phone calls to an automated service;
• not providing direct contact details or staff names when we consider there is a risk this may lead to harassment;
• restricting contact to a named staff member or to a a particular channel e.g. asking you to contact us in writing by post only;
• additional correspondence relating to the same matter, which has been closed, is read and then filed but no response will be provided;
• restricting time and volume of contact e.g. asking you to call by telephone only on certain days and times;
• communicating through a third party such as an advocate rather than direct contact;
• as a final option, terminating all contact with you if this behaviour persists (the Director of Complaints and Investigations will make this decision).

In all cases, we will write to you to tell you why we believe your engagement is not reasonable and what action we propose to take.

C) There are some situations below that we will not accept and on which we will always take action.

• We have zero tolerance of threats, violent and abusive behaviour towards our staff. This is to ensure the safety and wellbeing of our staff and also protects the office and others. If a person’s behaviour is so extreme that it threatens the immediate safety and welfare of our staff or others, we will consider other options. These could include, reporting the matter to An Garda Síochána or instigating legal action. In such cases, we may not give you warning of that action.
• Harassment of staff, whether accompanied or not by violence or abusive comments, is not acceptable. Harassment could include:
  • Repeatedly contacting or continuing to contact individual staff members when previously asked not to.
  • Contacting staff outside of the office to seek to influence them.
  • Targeting and naming members of staff on social media.

• We will not accept correspondence or language that is abusive or threatening to staff. We will not respond to any correspondence containing such content.
• Abusive language includes all language that is designed or could be perceived as designed to insult or degrade, is discriminatory or which makes allegations that individuals have committed criminal, corrupt or perverse conduct without any supporting evidence.
• Abusive language also includes language which makes unfounded allegations about an individual’s professional ability or capability or seeks to belittle or denigrate them personally.
• Abusive language also includes violent or abusive comments sent to Fiosrú which are not aimed at us but at third parties. Such language is still unacceptable because of the effect that listening or reading it may have on our staff.