Letting go is hard to do:
Managing difficult complainant
behaviour
Conference of Regulatory Officers 2012
Louise Rosemann
Assistant Ombudsman
Office of the Queensland Ombudsman
8 November 2012
Unreasonable complainant conduct
UCC is behaviour by a current or
former complainant which,
because of its nature or frequency,
raises substantial health, safety,
resource or equity issues for the
parties to a complaint.
Why do complainants behave unreasonably?
 Attitudes – they are dissatisfied with a person, agency,
system or process
 Emotions/psychologies – they are highly angry, frustrated
or disappointed, have an inflated sense of entitlement or
cannot accept personal responsibility
 Aspirations – they seek ‘justice’, ‘a moral outcome’, are
pursuing a matter of ‘principle’ or seek vindication
 Recreational interests – a pleasurable hobby
 Needs – their expectations, physical or emotional needs
have not been met
Objectives of the framework
 Ensure equity and fairness – resources are allocated
based on the merit of the complaint rather than the
demands or behaviour of the complainant
 Improve efficiency – allocating sufficient time and
resources to manage UCC avoids the drain on resources
from unmanaged UCC
 Promote health and safety – identifying potential risks to
staff health and safety and implementing measures to
eliminate or control those risks
Prevention principles
 Manage complainant expectations – let complainants
know what you can and cannot do at the outset
 Insist on respect and co-operation – the complainant has
rights but also responsibilities
 Implement policies and procedures – which demonstrate
organisational commitment to effective management of
UCC, and ensure staff understand and receive training in
them
Management principles
 Separate content from process – the agency is
responsible for the complaint while the complainant
‘owns’ the issue
 Separate the person from their behaviour – focus on
observable behaviour rather than labelling the person as
‘difficult’
 Respond appropriately and consistently – using the
framework and suggested strategies
 Communicate effectively – clear, regular, timely and firm
communication avoids misunderstandings
Framework of strategies
Prevention principles
 Manage complainant expectations – let complainants know
what you can and cannot do at the outset
 Insist on respect and co-operation – the complainant has
rights but also responsibilities
 Implement policies and procedures – which demonstrate
organisational commitment to effective management of
UCC, and ensure staff understand and receive training in
them
Managing expectations
 Provide information to potential
complainants about the role and
jurisdiction of your agency
 Provide specific and consistent
information to complainants at each
stage of your consideration of their
case
 Explain your complaint handling
process, timeframes, what can and
cannot be achieved
 Check for understanding
It’s OK to complain
Managing UCC
1. Have policy and procedures to support effective
management of UCC
2. Undertake training in managing UCC
3. Manage complainant’s expectations before, during and
after they make a complaint
4. Use the framework to respond consistently
5. Communicate effectively
www.ombudsman.qld.gov.au