Letting go is hard to do: Managing difficult complainant behaviour

1. Letting go is hard to do:Managing difficult complainant behaviour Conference of Regulatory Officers 2012 Louise Rosemann Assistant Ombudsman Office of the Queensland Ombudsman 8 November 2012

2. Unreasonable complainant conduct UCC is behaviour by a current or former complainant which, because of its nature or frequency, raises substantial health, safety, resource or equity issues for the parties to a complaint.

3. Why do complainants behave unreasonably? • Attitudes – they are dissatisfied with a person, agency, system or process • Emotions/psychologies – they are highly angry, frustrated or disappointed, have an inflated sense of entitlement or cannot accept personal responsibility • Aspirations – they seek ‘justice’, ‘a moral outcome’, are pursuing a matter of ‘principle’ or seek vindication • Recreational interests – a pleasurable hobby • Needs – their expectations, physical or emotional needs have not been met

4. Objectives of the framework • Ensure equity and fairness – resources are allocated based on the merit of the complaint rather than the demands or behaviour of the complainant • Improve efficiency – allocating sufficient time and resources to manage UCC avoids the drain on resources from unmanaged UCC • Promote health and safety – identifying potential risks to staff health and safety and implementing measures to eliminate or control those risks

5. Prevention principles • Manage complainant expectations – let complainants know what you can and cannot do at the outset • Insist on respect and co-operation – the complainant has rights but also responsibilities • Implement policies and procedures – which demonstrate organisational commitment to effective management of UCC, and ensure staff understand and receive training in them

6. Management principles • Separate content from process – the agency is responsible for the complaint while the complainant ‘owns’ the issue • Separate the person from their behaviour – focus on observable behaviour rather than labelling the person as ‘difficult’ • Respond appropriately and consistently – using the framework and suggested strategies • Communicate effectively – clear, regular, timely and firm communication avoids misunderstandings

7. Framework of strategies

8. Prevention principles • Manage complainant expectations – let complainants know what you can and cannot do at the outset • Insist on respect and co-operation – the complainant has rights but also responsibilities • Implement policies and procedures – which demonstrate organisational commitment to effective management of UCC, and ensure staff understand and receive training in them

9. Managing expectations • Provide information to potential complainants about the role and jurisdiction of your agency • Provide specific and consistent information to complainants at each stage of your consideration of their case • Explain your complaint handling process, timeframes, what can and cannot be achieved • Check for understanding

10. It’s OK to complain

11. Managing UCC • Have policy and procedures to support effective management of UCC • Undertake training in managing UCC • Manage complainant’s expectations before, during and after they make a complaint • Use the framework to respond consistently • Communicate effectively

12. www.ombudsman.qld.gov.au