Purpose
Generally, dealing with the Education Workforce Council (EWC) is a straightforward process, but in a minority of cases, some individuals pursue their concerns in a way which can either impede the service provided, or can cause significant resource issues. This can happen either while a complaint is being investigated, once a complaint has been dealt with, or simply in the day-to-day service provision with no formal complaint at all.
For the purpose of this policy, we define an abusive, unreasonably persistent, and/or vexatious individual as those who, because of their behaviour, frequency, or nature of their contacts with us, hinder our service provision and/or provision of our statutory functions. The descriptions ‘abusive’, ‘unreasonably persistent’, and ‘vexatious’ may apply separately or jointly to a particular individual.
There is a difference between ‘abusive’, ‘unreasonably persistent’, and ‘vexatious’ individuals. Abusive can include an individual being rude or offensive to staff or the EWC in general. This could include comments made on social media.
A vexatious individual in this context is someone who is not seeking to resolve a dispute between themselves and the EWC, but is seeking to cause unnecessary aggravation or annoyance.
Unreasonably persistent or vexatious individuals may have justified complaints or grievances, but are pursuing them in inappropriate ways. Alternatively, they may be intent on pursuing issues which appear to have no substance or which have already been addressed and settled. Their contacts with the EWC may be overtly amicable, but still place very heavy and unreasonable demands on staff time, or they may be distressing for all involved.
This policy outlines how we manage abusive, vexatious, or unreasonably persistent requests made under the Freedom of Information Act 2000 (FOIA) as well as Subject Access Requests (SARs) under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). It ensures that we meet our legal obligations while protecting our staff and resources from misuse of these rights.
Legal framework
This policy applies to all individuals including members of the public and stakeholders, as well as current and past registrants who submit any requests under the Freedom of Information Act 2000 (FOIA), and/or Subject Access Requests under the UK GDPR and Data Protection Act 2018. Repeated or unreasonable correspondence related to such requests will also be considered under this policy.
The Freedom of Information Act 2000, Section 14(1) states that ‘a public authority is not obliged to comply with a request that is vexatious’. UK GDPR/Data Protection Act 2018, Article 12(5) also states that ‘a data controller may refuse to act on a request if it is manifestly unfounded or excessive, particularly due to repetitive character’.
Definitions and examples
A request may be considered vexatious or manifestly unfounded (made with no real purpose) when it meets one or more of the following criteria:
- disproportionate burden: imposes an unjustifiable demand on public resources
- harassing or abusive: contains aggressive, offensive, or harassing language
- obsessive behaviour: is part of a long or frequent series of similar requests with little purpose or public interest
- no serious purpose: appears to be intended to cause disruption or annoyance
- repeat requests: repeats issues already addressed, without presenting new evidence or reasoning
Unacceptable and vexatious behaviour may include unreasonable demands, unreasonable persistence, or aggressive and abusive behaviour towards the EWC and its staff. These are defined below:
Unreasonable demands
We may class something as an unreasonable demand if the amount of information they seek, the nature and scale of assistance and services they expect, or the number of approaches they make, is excessive. This may be dependent on the circumstances, including the seriousness of the issue or query.
Examples may include:
- requesting action on matters unrelated to the EWC’s duties and functions, including its regulatory responsibilities (specially following an explanation of said functions)
- insisting on speaking or meeting with a specific member of staff, including the Chief Executive
- sending an unnecessary number of letters, emails, or social media posts, especially repetitious communication which we have previously responded to
The above list is non-exhaustive.
Demands may be considered unreasonable if, dependent on circumstances, they take up a disproportionate amount of time and resources.
Unreasonable persistence
Occasionally, some individuals appear not to accept that the EWC is unable to assist them. Other times, individuals persistently argue with the EWC’s decision, or they contact us continuously about issues that the EWC is not involved in, or are not within the remit of the EWC’s functions.
Examples may include:
- persistent refusal to accept the EWC’s powers, functions, and what it can or cannot do
- continuously sending correspondence about the same issue without presenting any new information
- persistently writing about issues that are unrelated to the EWC or its work
As above, this list is non-exhaustive and may include other persistent behaviours.
Aggressive or abusive behaviour
Aggressive or abusive behaviour towards EWC staff is unacceptable. This includes, but is not restricted to, acts of aggression whether face to face, over the phone, or in written communication that may cause staff to feel afraid, threatened, or abused.
Examples include:
- insulting or degrading language, including inappropriate humour, innuendo, or malicious allegations
- any form of physical violence or threats of physical violence
- derogatory, racist, sexist, ageist, or homophobic remarks
- comments relating to disability, perceived gender, religion, belief, or any other personal characteristics
As above, this list is non-exhaustive.
Decision-making criteria
Each case will be considered on its own merits and the following factors may be considered:
- volume and frequency of correspondence, including the number of requests within a 60-day rolling period
- nature and tone of communications
- history of engagement with the EWC
- impact on staff time and wellbeing, especially if removing staff from statutory functions
- whether there is a serious and proportionate public interest in the request
How we will respond
The EWC does not expect staff to tolerate unacceptable behaviour when communicating with individuals. When this happens, staff have the right to:
- place callers on hold
- end the call
- not reply to an abusive email or letter – the EWC will only review these communications to ensure no new issues have been raised
- leave site immediately
Before taking such action, we will always warn individuals that they are behaving in an unacceptable way to give them the chance to change their behaviour. However, a warning will not be given in extreme cases to protect staff, for example, when a physical threat is made.
If a request is deemed vexatious or manifestly unfounded/excessive:
- a written refusal notice will be issued explaining our decision
- the notice will refer to the relevant legislation (FOIA s.14 or UK GDPR Article 12(5))
- we will inform the individual of their right to request an internal review or complain to the Information Commissioner’s Office (ICO)
The options the EWC is most likely to consider to reduce these behaviours are:
- requesting contact to be in a particular form (for example, letters or email only)
- requiring contact to take place with one named member of staff only (a single point of contact) and/or restricting telephone calls to specified days, times, and/or duration
Where unacceptable and vexatious behaviour continues to be exhibited, the EWC reserves the right to:
- inform the individual that the EWC will not reply to, or acknowledge, any further contact (for example, phone calls, social media posts) from them on the specific topic of issue
- advise the individual that future correspondence will be read and filed, but only acknowledged or responded to if, in the EWC’s opinion, the individual provides significant relevant new information
- exclude access to EWC premises
- restrict or block the individual’s social media accounts from communicating via EWC channels
- refrain from any engagement with that individual (other than to provide a statutory service)
- take any other action that is deemed appropriate
Threats, use of physical violence, verbal abuse, or harassment of EWC staff are all likely to result in us ending all direct contact with the individual. Such behaviour may also constitute an offence and will be reported to the police in such cases.
Each case will be reviewed individually and follow internal review processes
Right to appeal and contact
We will treat new information rights complaints from those who have been dealt with previously under this policy on their own merits
If an individual considers that any action taken in relation to them in connection with this policy is unjustified, they may raise the matter using the EWC’s complaints process and contacting the EWC via email,