Our standards

1. Introduction

Through its Service Standards Policy, the Law Society of Scotland aims to provide a high quality and respectful service to those with whom we interact or communicate.

Similarly, all our employees must be treated respectfully and in a polite manner. Our staff have a right to expect us to uphold standards of acceptable behaviour.

This policy sets out the approach which will be taken in circumstances where the behaviour of an individual is deemed by us to be unacceptable. This policy applies to anyone who is interacting or communicating with the Society, including members, stakeholders and the public.

2. Policy aims

The aim of this policy is to ensure the Society meets its duty of care towards its employees and others by ensuring there is a clear and effective mechanism in place for upholding standards of acceptable behaviour from those interacting with the Society.

3. Defining unacceptable behaviour

Individuals may act out of character in times of trouble or distress. We recognise that people may have a range of personal circumstances, including issues of health and disability, which may affect their behaviour. For example, there may have been upsetting or distressing circumstances leading up to a complaint.

We do not view behaviour as unacceptable just because an individual is forceful or determined. However, the actions of any individual who is aggressive, unreasonably demanding or persistent can result in unreasonable demands on our team. It is these actions that we consider unacceptable and aim to manage under this policy. It applies across all forms of public interaction, including telephone calls, correspondence and on our social media channels.
We have clear definitions for unacceptable behaviour and group these under the following headings:

3.1 Aggressive or abusive behaviour

a. Violence is not restricted to acts of aggression that may result in physical harm. It also includes behaviour or language, whether oral or written, that may cause staff or others to feel afraid, threatened or abused.

b. Examples of behaviours grouped under this heading could include the following, threats

• physical violence
• personal verbal abuse
• racist and sexist language
• derogatory remarks and rudeness.

We also consider that inflammatory statements and unsubstantiated allegations can be considered as abusive behaviour. This policy would also apply to any abusive or aggressive behaviour made towards a member of staff’s family or friends in connection with their work at the Society.

c. Our staff recognise that individuals may sometimes act out of character at times of stress, anxiety or distress and should make reasonable allowances for this. All incidences of harassment or aggression will nevertheless be documented.

3.4 Unreasonable persistence

a. We recognise that in some cases, individuals will not accept that we are unable to assist them further or provide a level of service other than that already provided. Individuals may persist in disagreeing with the action or decision taken in relation to their concern or contact the office persistently about the same issue.

b. Examples of actions grouped under this heading could include the following,

• persistent refusal to accept a decision made in relation to a concern
• persistent refusal to accept explanations relating to what we can or cannot do
• continuing to pursue a matter without presenting any new information.

The way in which these individuals approach us may be entirely reasonable, but it is their persistent behaviour in continuing to do so that is not.

c. We consider the actions of persistent individuals to be unacceptable when they take up what is considered to be a disproportionate amount of time and resources.

4. Managing unacceptable behaviour

4.1 There are relatively few instances where the behaviour or actions of an individual interacting with the Society will be considered to be unacceptable. In such circumstances, we aim to manage these actions dependent on their nature and extent.

4.2 If the behaviour or action is considered to be adversely affecting our ability to do our work and provide a service to others, we may need to restrict contact with that individual. We will however continue to comply with our statutory obligations and will aim to manage the situation in a way, that allows the matter to progress to completion.

4.3 Depending on the circumstances and extremity of the behaviour, we reserve the right to take any combination of the following actions to manage unacceptable behaviour and protect the Law Society team. our staff have the right to end telephone calls if the caller’s language or tone is considered aggressive, abusive or offensive

• we may restrict contact to receiving telephone calls from the individual at set times and on set days
  we may require telephone calls to be recorded
• we may put an arrangement in place for only one member of staff to deal with calls or correspondence from the individual in future
• we may require the individual to contact the office in writing only
  we may return documents to an individual or, in extreme cases, advise them that further irrelevant documents will be destroyed
• where an individual continues to persist in excessive correspondence, they may be told that only a certain number of issues will be considered in a given period and asked to limit or focus their requests accordingly
• where an individual continues to persist in excessive correspondence, they may be told that their correspondence will be read and filed, but only acknowledged or responded to if the individual provides significant new information relating to the matter
• we may restrict any contact from the individual with our office to be made only through a third party such as Citizens Advice Scotland or a legal representative
• we may block emails from the individual
• we may report harassment, threatening or abusive language to the police and will always report cases where physical violence is used or threatened
• in extreme situations where an individual’s behaviour is considered unreasonably persistent, all contact with the individual may be terminated and we will place the individual’s name on a list of people where contact is restricted
• we may take other action considered appropriate.
  
  

4.4 In the event of any of the measures above being applied, we will make the individual aware of our policy. When appropriate, we will provide an opportunity for the individual to modify their behaviour and we will always tell the individual what action is to be taken and why. If relevant, we will explain what contact will continue and how. Where appropriate, we will do so in writing.

4.5 We recognise the need to make reasonable adjustments to our processes where disability may be affecting the behaviour of the individual. Such adjustments need to be balanced against the duty of care we owe to our staff.

5. Social media and online standards

5.1 We will uphold standards of reasonable behaviour on social media and online in the interests of our staff and all other people who interact with the Law Society of Scotland. While we welcome engagement and will accept reasonable criticism, we will not tolerate social media posts, comments or direct messages that breach our guidelines above. In addition, acceptable comments must be relevant to and on-topic with the social media posts they are attached to.

5.2 Inappropriate content on our social media channels will be deleted or hidden. Persistent users responsible for such content will be blocked from interacting with us on social media, though they will still be able to contact us through other communication channels in accordance with this policy.

5.3 Where we become aware of any other forms of content online that inaccurately characterise the Law Society of Scotland or members of its staff, we reserve the right to take steps to have such content removed or such other actions that we deem necessary.

6. Deciding to enact this policy

6.1 Staff who experience or observe aggressive or abusive behaviour from an individual have the authority to deal immediately with that behaviour in an appropriate manner in line with this policy.

6.2 Decisions to restrict all contact with an individual will be made in consultation with a member of the Senior Leadership Team.

6.3 Where disability is considered, the relevant staff member will consider making reasonable adjustments as set out in our reasonable adjustments policy

6.4 Affected individuals will be written to and informed as to

a. why a decision has been made to restrict future contact

b. the restricted contact arrangements.

7.0 Appealing a decision to restrict contact

7.1 An individual who has had their contact with the Society restricted may, within a period of fourteen days from being notified of the decision, choose to appeal the decision. In such circumstances, the affected individual should confirm their wish to appeal in writing to complaints@lawscot.org.uk The individual will be provided with information that explains how their appeal will be dealt with and the associated timescales.

7.2 In such circumstances, a member of the Senior Leadership Team not involved in the original decision will consider the appeal. That senior member of staff may choose to contact the appellant for further information but is not required to do so.

7.3 Once the senior member of staff has completed their investigation, they will provide a report to the Chief Executive whose decision will be final.

7.4 Once the Chief Executive has made a final decision, the affected individual will be contacted by the Chief Executive in writing to confirm that the restricted contact arrangements still apply or a different course of action has been agreed.

8.0 Policy availability and review

Copies of this policy are available on request and free of charge from the Society. We will review this policy on a regular basis to make sure the aims are being achieved.