Vexatious or unreasonable complaints procedure

The request was successful.

Dear Camden Borough Council,

Please can you tell me with regards to your vexatious
correspondence and complaints process

(a) how many times this has been used in the last 5 years

(b) how many times in the last 5 years has it been used broken down
by department.

(c) whether a warning system to advise service users of this
procedure is in place.

(d) whether there is any appeal process

(e) has this been used in the last 5 years against families with
children with disabilities who are involved in the SEN Tribunal
process

Yours faithfully,

E Doherty

Michael Warby, Camden Borough Council

1 Attachment

Camden Council - Information request (FOI/EIR) - Central team

Our reference: 7308616

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Dear Sir/Madam,

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

Thank you for your recent Freedom of Information request received on 22
August 2011. You requested information on the following:

Please can you tell me with regards to your vexatious correspondence and
complaints process
(a) how many times this has been used in the last 5 years
(b) how many times in the last 5 years has it been used broken down by
department.
(c) whether a warning system to advise service users of this procedure is
in place.
(d) whether there is any appeal process
(e) has this been used in the last 5 years against families with children
with disabilities who are involved in the SEN Tribunal process
From our preliminary assessment, it is clear that we will not be able to
answer your request without further clarification.

I require further information in order to identify and locate the
information you have asked for, in particular it would be useful for you
to clarify if your request is concerning our complaints process?

Once you have clarified your request, I will be able to begin to process
your request. If I do not receive clarification within three months your
request will be considered to have lapsed. (Under section 1(3) of the
Freedom of Information Act (FOIA), a public authority need not comply with
a request unless further information reasonably required to locate the
information is supplied).

Please remember to quote the reference number above in any future
communications.

If appropriate, the information may be provided in paper copy, normal font
size. If you require alternative formats, e.g. language, audio, large
print, etc. then please let me know.

For your information, the Act defines a number of exemptions which may
prevent release of the information you have requested. There will be an
assessment and if any of the exemption categories apply then it will not
be released. You will be informed if this is the case.

If the information you request was obtained from or relates to a third
party then they may be consulted prior to a decision being taken on
whether or not to release the information to you.

Under Section 12 of the Act, the Council is not obliged to provide the
information if the authority estimates that the costs of complying with
the request would exceed the appropriate limit set by the Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004. The appropriate limit is currently -L-450 based on a charge at -L-25
per hour. We, therefore, may not provide the information requested if the
costs of doing so exceeds the appropriate limit. The Council may however
request that the cost of providing the information is paid.

There may therefore, be a fee payable for this information. This will be
considered and you will be informed of the fee payable if this is the
case. In this event the fee must be paid before the information is
processed and released. The 20 day time limit for responses is put on hold
until receipt of the payment.

Yours faithfully

Michael Warby
Access to Information Officer - FOI & DPA

Email: [email address]
Phone: 020 7974 7857

Dear Mr Warby,

Thank you for your prompt response.

I am attempting to gather information about the policies Local Authorities have in place to deal with what they consider to be unreasonable or 'vexatious' complainants.

The LGO issues guidance for such policies at http://www.lgo.org.uk/publications/advic.... Most LAs have such a policy, although not all follow this #best practice' guidance.

I trust this assists but please do not hesitate to contact me if you require further clarification.

Yours sincerely,

E Doherty

Dear Mr Warby,

Thank you for your response.

I can confirm that my request for information relates specifically to the complaints process. I understand that most Local Authorities have in place some kind of procedure to deal with what they perceive to be unreasonable, persistent or 'vexatious' complaints and I am interested in obtaining information in that context.

Many thanks,

Yours sincerely,

E Doherty

Michael Warby, Camden Borough Council

1 Attachment

Camden Council - Information request (FOI/EIR) - Central team

Our reference: 7308616

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Dear Mr. Doherty,

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

Thank you for your recent Freedom of Information request received on 22^nd
August and clarified on 29^th August 2011. Your request has now been
considered and the information requested is enclosed.

You requested information on the following:
Please can you tell me with regards to your vexatious correspondence and
complaints process
(a) how many times this has been used in the last 5 years
(b) how many times in the last 5 years has it been used broken down by
department.
(c) whether a warning system to advise service users of this procedure is
in place.
(d) whether there is any appeal process
(e) has this been used in the last 5 years against families with children
with disabilities who are involved in the SEN Tribunal process

And then you clarified the following:
I can confirm that my request for information relates specifically to the
complaints process. I understand that most Local Authorities have in place
some kind of procedure to deal with what they perceive to be unreasonable,
persistent or 'vexatious' complaints and I am interested in obtaining
information in that context.
Response

a. In the last 5 years the London Borough of Camden has declared 38
individuals as vexatious.
b. Of the 38 declared vexatious, it can be broken down as follows:

Children Schools and Families - 3
Housing and Adult Social Care - 17
Legal Services - 2
Culture and Environment - 11
Finance - 1
Multi department - 2
Freedom of Information- 2

c. Yes. The corporate complaint policy (version 2008 still current and
which is in the public domain, provides the following advice and
provision:

"We may at any stage of the complaints procedure, review a complaint and
give a decision, without a formal investigation, where a Chief Officer or
Head of the Central Complaints Unit considers it to be deliberately
repetitious or vexatious.". In addition, the application of the provision
has been publically reported within the Annual Reports on Camden's
Complaint Procedures in successive years (at least up to an including the
last such report published in 2008/2009).

d. The Head of Central Complaints can consider an appeal against the
application of the ruling when initially made by a Chief Officer.
Otherwise any appeal would be to the LG Ombudsman.
e. No the London Borough of Camden has not used this in the last 5 years
against families with children with disabilities who are involved in
the SEN Tribunal process.

Please note you are not authorised to re-use this information for
commercial or research purposes as defined by the Re-Use of Public Sector
Regulations 2005. If you do wish to re-use this information please contact
the Access to Information Team, Legal Services, Room 219, Camden Town
Hall, London, WC1H 9LP, who will assess your request.
You have the right of appeal against the decision. If you wish to appeal
please set out in writing your grounds of appeal (within 2 months of this
letter) and send it to: Freedom of Information Appeals Panel, Central
Complaints Unit, Camden Town Hall, Judd Street, London WC1H 9JE and your
complaint will be dealt with through our Internal Review procedure.

If you are still not satisfied following the Internal Review, you have a
right to appeal to the Information Commissioner's Office. They can be
contacted at: Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.
Telephone: 01625 545 700
[1]www.ico.gov.uk
Yours faithfully

Michael Warby
Access to Information Officer - FOI & DPA

Email: [email address]
Phone: 020 7974 7857

References

Visible links
1. http://www.ico.gov.uk/

Dear Mr Warby,

Thank you for your response. Could I request a copy of your policy as your response to point (c) is not clear relating to warnings being given before a determination is made?

You will note that this is recommended by LGO guidance on the subject at http://www.lgo.org.uk/publications/advic...

Yours sincerely,

E Doherty

Warby, Michael, Camden Borough Council

Thank you for your e-mail. I am currently out of the office and will
return on 22nd September 2011. E-mails sent to my in box will not be
checked until I return to the office.

If your e-mail is urgent please contact my manager Vinod Mandora via
e-mail at [email address]

Michael Warby, Camden Borough Council

1 Attachment

Camden Council - Information request (FOI/EIR) - Central team

Our reference: 7370684

--------------------------------------------------------------------------

Dear Sir/Madam

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

Thank you for your recent Freedom of Information request received on 22
September 2011

You requested information on:

In relation to request 7308616 could I request a copy of your corporate
complaint policy.

Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be answered within twenty working days.

If appropriate, the information may be provided in paper copy, normal font
size. If you require alternative formats, e.g. language, audio, large
print, etc. then please let me know.

For your information, the Act defines a number of exemptions which may
prevent release of the information you have requested. There will be an
assessment and if any of the exemption categories apply then it will not
be released. You will be informed if this is the case.

If the information you request was obtained from or relates to a third
party then they may be consulted prior to a decision being taken on
whether or not to release the information to you.

In some cases there may a fee payable for the information requested. This
will be considered and you will be informed of the fee payable if this is
the case. In this event the fee must be paid before the information is
processed and released. The 20 day time limit for responses is put on hold
until receipt of the payment.

If you have any queries about this request do not hesitate to contact me.
Please remember to quote the reference number above in any future
communications.

Yours faithfully

Michael Warby
Access to Information Officer - FOI & DPA

Email: [email address]
Phone: 020 7974 7857

Michael Warby, Camden Borough Council

3 Attachments

 

Camden Council - Information request (FOI/EIR) - Central team

Our reference: 7370684

--------------------------------------------------------------------------

Dear Mr.Doherty, 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
Thank you for your recent Freedom of Information request received on 22^nd
November 2011. Your request has now been considered and the information
requested is enclosed.
 
You requested information on the following:
In relation to request 7308616 could I request a copy of your corporate
complaint policy.
Response
Please see attached documents.
 
Please note you are not authorised to re-use this information for
commercial or research purposes as defined by the Re-Use of Public Sector
Regulations 2005. If you do wish to re-use this information please contact
the Access to Information Team, Legal Services, Room 219, Camden Town
Hall, London, WC1H 9LP, who will assess your request. 

You have the right of appeal against the decision. If you wish to appeal
please set out in writing your grounds of appeal (within 2 months of this
letter) and send it to: Freedom of Information Appeals Panel, Central
Complaints Unit, Camden Town Hall, Judd Street, London WC1H 9JE and your
complaint will be dealt with through our Internal Review procedure.

If you are still not satisfied following the Internal Review, you have a
right to appeal to the Information Commissioner’s Office. They can be
contacted at: Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.
Telephone: 01625 545 700
[1]www.ico.gov.uk
Yours faithfully

Michael Warby
Access to Information Officer - FOI & DPA

Email: [email address]
Phone: 020 7974 7857
 
 

References

Visible links
1. http://www.ico.gov.uk/