Unreasonable complainant conduct

Some complainants may struggle, for various reasons, to articulate their concerns in a way that reflects your school’s values.

For example, they may show aggression, abusive behaviour, dishonesty, or other inappropriate behaviour.

This conduct is not acceptable from anyone. 

Unreasonable complainant conduct can be frustrating and time-consuming for those involved.

It can cause undue stress and risk to the physical or mental wellbeing of your school staff or board members. 

However, you must ensure that a person’s conduct does not negatively affect how their complaint (if valid) is dealt with, or the level of attention they are given.

This article will provide some guidance on how to deal with these situations.

What is unreasonable complainant conduct?

The Office of Ombudsman defines unreasonable conduct as:

“Any behaviour by a person which, because of its nature or frequency, raises substantial health, safety, resource or equity issues for the people involved in the complaint process.”

It is behaviour that is disproportionate to the concern being raised.

The Ombudsman’s guide to Managing unreasonable complainant conductopen_in_new outlines five categories:

• Unreasonably persistent

• Unreasonable demands

• Unreasonable arguments

• Unreasonable behaviour

• Unreasonable lack of cooperation

   

It could include:

• Displaying confronting behaviour (rude, angry, aggressive)

• Displaying manipulative behaviour (overly emotional, tears, etc.)

• Sending rude, confronting, threatening letters or emails

• Numerous unnecessary communications

• Making direct or indirect threats of self-harm or harm to others

• Making threats to damage property.

Why do some people become unreasonable? 

There are many reasons why people may become unreasonable.

These may range from unmet needs, misinterpretation of cultural norms or attitudes, and underlying mental health issues, to ulterior motives such as revenge or a need for attention.

Your complaint handling process does not provide a mechanism to assess and diagnose the complainant’s motives. 

That’s why anyone handling the complaint should respond directly to the issues and behaviours they observe rather than what they assume or suspect.

What are some strategies to manage this conduct?

Firstly, it is essential to remember that:

• Every complainant is treated with fairness and respect.

• Each complaint is considered on its own merits.

• The resources allocated to a complaint are determined by its substance, not by the complainant’s demands or conduct.

• Unless there are compelling reasons otherwise, every complainant has a right to access public services such as meeting with staff, entering your school grounds, and attending board meetings.

• Unreasonable behaviour by a complainant does not mean their issue is invalid.

   

The key to managing unreasonable complainant conduct is to provide transparent, reasonable, and fair consideration to the complaint while ensuring that there is no unreasonable impact on your staff, school, or kura.

Your process should keep the complainant informed, but do not overserve or respond hastily.

Put clear timeframes and limits on contact. In some situations, this may involve limiting the complainant's access to certain staff members or areas of the school.

Do not escalate simply to avoid dealing with a difficult person. Instead, ensure that the most appropriate person is well supported to resolve the concern or complaint directly with the complainant.

How should you communicate with the complainant?

When communicating with an unreasonable complainant, ensure everyone stays professional or “above the line”.

• Show empathy by acknowledging them and the situation.

• Determine their position and explain the process you will follow.

• Check that you both have the same understanding of the problem.

• Ask about the complainant’s expectations.

• Clarify what you can, can’t, and won’t do.

• Use cooperative language.

• Actively listen to the complainant and focus on finding solutions.

• Agree and accept when you find common ground or shared understanding.

• Apologise where appropriate.

Avoid what’s “below the line”, as you are unlikely to persuade an unreasonable complainant of your point of view.

Try to avoid:

• Disagreeing, defending or denying allegations.

• Confrontation or combative language.

• Justifying your actions or making excuses.

• Using distractions or humour.

• Reacting to an attack – remain focused on the initial complaint.

Keep a written record of your communications, identified areas of concern, and any agreed actions with specific timelines for completion.

Provide the complainant with copies of all relevant documentation.

All communication should stick to the concern raised, be grounded in facts and evidence, and remain unemotive. 

Remember, the complainant can request all documentation and communication relating to the complaint.

What strategies can you implement to support staff in feeling safe in their workplace?

Staff safety and wellbeing are paramount.

Your board should support the principal and staff in creating clear, accessible, and responsive processes for handling such situations.

School procedures should clearly define boundaries during school hours, outline acceptable behaviour for all, and provide staff with exit plans if boundaries are breached.

These might include:

• An agreement on response times for communication with complainants

• How complainants can access staff via an appointment system

• Ensuring staff aren’t alone when they meet with a complainant

You can read more about specific strategies in the Ombudsman’s guide to Managing unreasonable complainant conduct.open_in_new

Can you restrict the access of an unreasonable complainant to your staff?

Yes, but it must be handled carefully.

If they are a parent or guardian, the school needs to maintain adequate communication channels about their child’s education.

Restrictions can include:

• Limiting the methods and timing of communication

• Controlling physical meetings with staff

• Issuing a trespass notice to prevent access to the school grounds for a specified period.

The principal needs to make and manage decisions on restricting access, with support from your board where appropriate, by following clearly defined policies and procedures.

Your board should contact our Advisory and Support Centre for advice before restricting a complainant’s access.

Questions your board could ask

• Do we have a clear and accessible policy on how to raise concerns and complaints?

• Do we develop our school values and community behavioural expectations in collaboration with our community?

• Is it understood that we expect everyone to model our school values, not just students?

• Do we provide staff professional learning and development (PLD) on de-escalation techniques?

• Do our staff have strategies for supporting each other when dealing with individuals displaying challenging behaviours?

• How do we ensure that even if a complainant's conduct is unreasonable, we still acknowledge and respond to the validity of their concern or complaint?

Templates, resources, and references 

Click on the link(s) below to access this topic’s templates, resources, and references.

Depending on your device, these may download or open in a separate browser.

Office of the Ombudsman

• Managing unreasonable complainant conductopen_in_new