The Vexatious Litigant before tribunals and freedom of information applications

The vexatious litigant before tribunals, freedom of information applications

Of great concern is the planned use of vexatious litigant usage to enable not only the courts but other public bodies to deny access to those they largely judge subjectively as troublesome.

National Health Boards
Conwy & Denbighshire NHS Trust

Local Authorities
Bournemouth Council

Further examples will be posted.

Bournemouth Council’s: ‘Access to Information Policy’

VEXATIOUS & REPEAT REQUESTS

Repeat requests

The Council is not obliged to comply with repeat requests for information, under either the DPA or the FOIA. In reaching a decision about whether an application for access should be categorised as a repeat request the Council will have regard to:-

* the time that has elapsed since the previous request;

* whether the request is identical or substantially similar to the previous request;

* whether any relevant, new information has been generated since the previous request.

Vexatious requests

The Council is not obliged to comply with vexatious requests under either the DPA or the FOIA. The Council will apply the term ‘vexatious’ fairly and consistently.

In determining whether a request should be refused because it is vexatious the Council will consider all the circumstances of the request, including:-

* the history of requests submitted by an applicant;

* repeat requests submitted by an applicant;

* whether an applicant is habitually and persistently submitting requests where there appears to be no reasonable grounds for them to do so and where there is a strong likelihood that such requests are being made to intentionally cause harassment, divert resources and to disrupt the proper workings of the Council.

The Council will be aware that the term ‘vexatious’ should be applied to the activities of the applicant and not to their nature or attitude.

The applicant must be provided with a written notice from the Council stating that a request is deemed to be vexatious.

Updated: 03 Feb 2005 Bournemouth Council

National Health Boards

Conwy & Denbighshire NHS Trust

Find PDF on the vexatious complaint procedure of Conwy & Denbighshire NHS Trust

Below is an extract

3. Criteria for Identifying a “Vexatious Complaint”:

The complainant may display the following behaviour:-

• Has, without provocation, been personally abusive or aggressive towards staff dealing with the complaint (IR1’s completed)

• Is unwilling to accept documented evidence of treatment given as being factual, e.g. prescription charts, operation notes, nursing records and so on

• Insists he/she has not had an adequate response to their complaints

• Deluges the organisation and/or several members of staff with letters of complaint or phone calls

• Focuses on a trivial matter out of all proportion to its significance and will not accept an open apology on this point

• Constantly raises new concerns which did not appear in the original complaint, which keeps the correspondence going

• Attention seeking behaviour, involving Press, MP’s, Secretary of State for Health, etc.

• May not be the patient, but be acting on their behalf

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The vexatious litigant before tribunals, freedom of information applications Of great concern is the planned use of vexatious litigant usage to enable not only the courts but other public bodies to deny access to those they largely judge subjectively as troublesome. National Health Boards Conwy & Denbighshire NHS Trust Local Authorities Bournemouth Council Further examples will be posted. Bournemouth Council’s: ‘Access to Information Policy’ VEXATIOUS & REPEAT REQUESTS Repeat requests The Council is not obliged to comply with repeat requests for information, under either the DPA or the FOIA. In reaching a decision about whether an application for access should be categorised as a repeat request the Council will have regard to:- * the time that has elapsed since the previous request; * whether the request is identical or substantially similar to the previous request; * whether any relevant, new information has been generated since the previous request. Vexatious requests The Council is not obliged to comply with vexatious requests under either the DPA or the FOIA. The Council will apply the term ‘vexatious’ fairly and consistently. In determining whether a request should be refused because it is vexatious the Council will consider all the circumstances of the request, including:- * the history of requests submitted by an applicant; * repeat requests submitted by an applicant; * whether an applicant is habitually and persistently submitting requests where there appears to be no reasonable grounds for them to do so and where there is a strong likelihood that such requests are being made to intentionally cause harassment, divert resources and to disrupt the proper workings of the Council. The Council will be aware that the term ‘vexatious’ should be applied to the activities of the applicant and not to their nature or attitude. The applicant must be provided with a written notice from the Council stating that a request is deemed to be vexatious. Updated: 03 Feb 2005 Bournemouth Council National Health Boards Conwy & Denbighshire NHS Trust Find PDF on the vexatious complaint procedure of Conwy & Denbighshire NHS Trust Below is an extract 3. Criteria for Identifying a “Vexatious Complaint”: The complainant may display the following behaviour:- • Has, without provocation, been personally abusive or aggressive towards staff dealing with the complaint (IR1’s completed) • Is unwilling to accept documented evidence of treatment given as being factual, e.g. prescription charts, operation notes, nursing records and so on • Insists he/she has not had an adequate response to their complaints • Deluges the organisation and/or several members of staff with letters of complaint or phone calls • Focuses on a trivial matter out of all proportion to its significance and will not accept an open apology on this point • Constantly raises new concerns which did not appear in the original complaint, which keeps the correspondence going • Attention seeking behaviour, involving Press, MP’s, Secretary of State for Health, etc. • May not be the patient, but be acting on their behalf
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