Position Statement: Zero Tolerance

Historic England handles thousands of enquiries a year. While it will only be in exceptional circumstances that the unacceptable behaviour policy will apply to a customer interaction, it is intended to be a tool for Historic England to enable us to deal with unacceptable behaviour professionally, consistently, and fairly. It applies to all our customers, contacts and enquirers. Contact via social networks or digital platforms is also covered by this policy.

This policy does not apply to requests which are being considered under the Freedom of Information Act 2000. Requests which may be vexatious will be considered using the ‘Guidance on vexatious or repeated requests made under the Freedom of Information Act 2000’ document. This policy also excludes requests arising under the Environmental Information Regulations 2004 and Re-Use of Public Sector Information Regulations 2015.

‘Vexatious’ behaviour is defined as:
Behaviour causing or tending to cause annoyance, frustration or worry.

This policy is separate from our complaints process. We recognise that there are times when a customer may wish to raise a complaint and we encourage customers to let us know when we have not got things right – please see Complaints for more information.

Deciding whether a customer’s or enquirer’s behaviour is unacceptable requires judgement, considering all the circumstances of the case.

For the purposes of this position statement, unacceptable behaviour is defined as:

Behaviour or language (written, verbal or online) that we consider may cause staff to feel intimidated, afraid, offended, threatened or abused, or discriminated against.

This includes face to face, telephone, written, digital (including social media) communication and contact.

Examples of this behaviour includes the following, but this is not exhaustive:

• Unreasonably demanding communication in its frequency, type and nature, for example this might include demanding responses within an unreasonable timescale, continual phone calls, messages or letters, writing excessively regarding the same or multiple issues which we understand to be resolved, or repeatedly changing the substance of a request or enquiry.
• Unreasonably persistent contact - while we welcome feedback and enquiries, contact that is disproportionate in frequency or volume, or continues without new information after we have signposted our final position, may be deemed unreasonably persistent.
• Inflammatory/derogatory statements - including personal abuse, verbal or written, and unsubstantiated allegations.
• Discriminatory language - including remarks that discriminate against anyone because of their race, sex, religion, disability or other personal characteristics, or assumed protected characteristics as defined by the UK Equality Act 2010. This includes treating someone with a protected characteristic less favourably than others and/or unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them.
• Violent behaviour - physical contact made in an aggressive or threatening manner. This includes pushing; jostling; kicking; punching; physical restraint; sexual assault; spitting and use of weapons.
• Threatening or abusive behaviour - words or actions that cause a person to feel harassed, intimidated, victimised or distressed, or to be concerned for their safety, the safety of colleagues, or the safety of their property. This includes visual threats or offensive gestures; aggressive stance; sexually explicit or threatening language or body language; abusive phone calls; on-line bullying; abusive, provocative or obscene language; and inappropriate use of social media.
• Wilful damage to property - this property can belong to Historic England, its employees, contractors, or partners. This includes buildings; fixtures; fittings; equipment and vehicles.

An individual enquiry or contact may not be unreasonable in isolation but in context it may form part of a wider pattern of unreasonably persistent behaviour, e.g., a wider dispute or a lengthy series of overlapping requests or other correspondence.

We recognise that an individual may act out of character when frustrated or unhappy with our service. There may have been upsetting or distressing circumstances leading up to contact with Historic England and we will take this into account. However, actions from an individual that are angry, demanding, or persistent will be deemed unacceptable.

Where the behaviour is directly linked to a disability, mental health or long-term health condition and we are made aware of this, we will take this into account and seek to make reasonable adjustments to ensure we engage with all customers equally and equitably. However, this does not mean that we will accept violent, abusive or discriminatory behaviour towards our staff nor expect them to tolerate this.

There are relatively few customers or enquirers whose actions would be considered unacceptable. How we aim to manage our response depends on the nature and extent of an individual’s actions.

If we feel that a customer’s behaviour is unacceptable, we will take the following steps:

Step 1: Identify: Customer behaviour is recognised as unacceptable

• We will ask the customer to modify their behaviour.
• If appropriate, the staff member may state that Historic England has a zero-tolerance position on threatening, violent or discriminatory behaviour and the customer will be advised that the interaction (whether in person or virtual) will be terminated if their behaviour is not modified.
• If the behaviour continues, staff are advised to remove themselves from the situation. Depending on the nature and location of the behaviour this may include immediate termination of the call/correspondence, immediate departure from a building or site, asking the customer to leave the building or seeking assistance to remove them.
• Where third-party channels are used to circumvent agreed routes, we may direct all correspondence back through the formal channel and appoint a single point of contact to avoid staff being individually targeted.

Step 2: Report: Unacceptable behaviour reported internally

• The staff member will inform their line manager about the situation, and the incident will be recorded.
• If appropriate, we will make the customer or enquirer aware of this position statement before any decision on action is made.

Step 3: Review: Unacceptable behaviour investigated

• The Line Manager will investigate the situation and decide what action to take. Where relevant we will keep the customer informed.
• A customer or enquirer may be notified in writing that their continued correspondence or interactions with Historic England on a particular subject matter may lead to their behaviour being treated as unacceptable.

Step 4: Action: Further actions are considered

• Historic England will try to resolve matters before invoking this step, but if the behaviour continues to adversely affect our staff, our ability to do our work and provide a service to others, we may need to take further action
• We do not engage with written contact that is aggressive, abusive, or offensive to staff. When this happens, we will inform the enquirer that we consider their language offensive and state that we will not respond to their correspondence if they do not moderate their use of language. We may require future contact to be through a third party.
• The Line Manager may report the situation to their respective Director and further action will be considered. Actions may include limiting access to our services. If this applies, the customer will be notified in writing by the responsible Director, clearly stating the course of action and why.
• In the case of unreasonably demanding communication or persistent contact, we may set reasonable boundaries (for example, a single point of contact or limits on contact frequency) and, if necessary, pause engagement.
• Where persistence concerns information requests under FOI/EIR, we will apply statutory guidance on vexatious or repeated requests.
• Where the behaviour is extreme or it threatens the immediate safety and welfare of staff, property or assets, we may need to escalate to the Police or other service or take legal action.

We will always explain what action we are taking and why. Wherever possible, we will give the customer or enquirer the opportunity to modify their behaviour or action before a decision is taken on next steps.

Historic England’s online channels are designed as places to share our collective appreciation of heritage and discuss our work and relevant latest news. We want to keep them an open forum, and we love hearing ideas and opinions, but we need comments and posts to be clean so that our pages can remain safe and enjoyable for everyone.

In addition to the behaviours listed above, all digital users must comply with the social media platform's terms of use as well as Historic England’s Blog and Social House rules and website terms and conditions. We may not view, edit or pre-screen every contribution made and therefore cannot assume responsibility for having made it available. If we consider that any of the above terms of use are breached, Historic England, and others designated, have the right to block users and refuse, remove or edit any content that is posted, or made available, without the need to give any reason for doing so.

If the customer disagrees with the final decision, they are entitled to make a complaint.

You can contact us at: complaints@HistoricEngland.org.uk

Address:
General Counsel and Corporate Secretary
Historic England
4th Floor
Cannon Bridge House
25 Dowgate Hill
London EC4R 2YA

All contact that causes concern will be recorded and kept as evidence to support further action, escalation and allow for any appeal or annual review to be carried out. Incidents and concerning contact are logged on our secure contact systems by our teams across Historic England. This information will be stored and managed in line with our privacy notice.