Malicious and vexatious complaints

a. BABCP is committed to providing an accessible, fair, and transparent complaints process. While all complaints are taken seriously and assessed on their individual merits, BABCP has a responsibility to protect Members from complaints and complainant behaviour that are determined to be malicious or vexatious.

b. A complaint may be regarded as malicious or vexatious where the complaint is intended to harm, harass, distress, inconvenience or otherwise cause undue difficulty for the Member involved and/or BABCP. The following are examples of behaviours that may indicate a complaint is malicious or vexatious:

i. The complaint includes abusive, threatening, or frivolous language or conduct;

ii. The complaint repeats matters that were raised in previous complaints; 

iii. The complaint is clearly intended to manipulate or disrupt this Procedure

iv. The Complainant makes excessive demands on staff time and resources while the complaint is being considered under this Procedure, such as frequent calls, contacting multiple staff members, improperly seeking to escalate the complaint to senior staff or trustees, or sending lengthy and complex correspondence with an expectation of immediate response;

v. The Complainant insists that the complaint be handled in ways that conflict with this Procedure or good practice;

vi. The complaint lacks clear substance, or the Complainant fails to specify issues for consideration despite reasonable efforts by the Complaints and Resolution Team to seek clarification;

vii. The Complainant frequently changes the substance of the complaint or raises further trivial or unrelated concerns while the complaint is being addressed;

viii. The Complainant knowingly provides false information or otherwise seeks to cause harm or distress to a Member;

ix. The complaint relates to personal matters between the Member and the Complainant which are not relevant to the Member’s professional practice or professional standards.

c. Upon receipt of a complaint, the Complaints and Resolution Manager will assess whether it may be malicious or vexatious. However, BABCP recognises that making or pursuing a complaint can be stressful, and that Complainants may be experiencing distress, trauma, or mental health difficulties which can affect how they communicate or engage with the Procedure. Such behaviour does not, in itself, invalidate an otherwise legitimate complaint.

d. Before deciding to close a complaint on the grounds that it is malicious or vexatious, the Complaints and Resolution Manager may seek appropriate clinical input (for example, from the BABCP Senior Clinical Advisor) to help ensure the assessment is fair, proportionate, and trauma-informed.

e. If there is evidence that a complaint is malicious, the Complaints and Resolution Manager will close the complaint without further consideration and provide the Complainant with written reasons for the decision.

f. If a complaint raises potentially valid concerns about a breach of the Standards but is accompanied by vexatious or unreasonable behaviour, the Complaints and Resolution Manager will not dismiss the complaint solely on that basis. Instead, they may place reasonable boundaries on communication with the Complainant or take any other proportionate steps necessary to manage the complaint, while progressing the substantive elements of the complaint to the Screening Panel for consideration.