Corporate report

Unacceptable Behaviours Policy

Published 19 April 2023

1. Introduction

1.1 Purpose

1.1.1 - The Student Loans Company Limited (“SLC,” “we,” “us” and/or “our”) is an Executive Non-Departmental Public Body responsible for the administration of student finance in the United Kingdom. SLC plays a central role in supporting the higher education (HE) and further education (FE) sectors. We work with the Department for Education (DfE), and the devolved administrations in Scotland, Northern Ireland and Wales. We also work with the Student Awards Agency for Scotland (SAAS), the Education Authority for Northern Ireland (EANI), HE and FE providers and other delivery partners.

1.1.2 - At SLC, we believe that all our customers have the right to be heard, understood and respected. We also believe that our staff have the same rights.

1.1.3 - Sometimes, people using our service use behaviour, actions or general conduct that makes it very difficult for us to deal with them effectively. A person’s behaviour may become unacceptable because, for example, they use unreasonable conduct towards our staff. In such cases, SLC will take appropriate action to protect our staff.

1.1.4 - SLC staff working in customer-facing roles, including the contact centre, complaints and appeals, may be more likely to come across incidents of abusive behaviour from customers. However, this Policy is applicable to staff in all business areas.

1.1.5 - We aim in all our dealings to:

• (a) make it clear to everyone we deal with, what SLC can and cannot do to meet their concerns and expectations;
• (b) be open and not raise expectations that we cannot meet;
• (c) deal fairly and professionally with all customers, their representatives and other individuals using our service;
• (d) deliver an effective student finance service in accordance with the powers and functions delegated to SLC;
• (e) provide a service that easy to use, transparent and accessible to all; and
• (f) ensure that our staff and other people who use the services of SLC are not disadvantaged as a result of the unacceptable behaviour of others.

1.1.6 - The aims of this Policy are:

• (a) to define what we mean by “unacceptable behaviours;” and
• (b) to explain SLC’s process for dealing with unacceptable behaviours.

1.2 Scope

1.2.1 - This Policy covers all areas of work undertaken by SLC. It applies to the people our staff come into contact with during the course of our business, including customers, their representatives, other individuals and third parties. Contact covers various forms, including social media, telephone, face to face and written correspondence.

1.2.2 - Any incidents of unacceptable behaviour between employees will not be covered by this Policy. Such incidents will be handled under SLC’s Disciplinary Policy and other relevant People policies.

1.2.3 - This Policy may be circulated to other external parties and published where considered appropriate

1.3 Risk Appetite Alignment

1.3.1 - The requirements outlined within this Policy support mitigation of the Operations risk category as outlined in the SLC Risk Language.

1.3.2 - The overall Operations Risk Appetite is Open; however, it is Cautious for any risks related to the overall level of service provided to customers in line with the performance agreement.

2. Unacceptable Behaviours

2.1 What are unacceptable behaviours?

2.1.1 - SLC understands that people may act out of character during difficult times or when they are distressed. We do not view behaviour as unacceptable simply because an individual is forceful or determined.

2.1.2 - However, we consider behaviours that result in unreasonable demands on SLC’s activities or unreasonable behaviour towards our staff as unacceptable. SLC has grouped these actions under the following broad headings.

Aggressive or abusive behaviour

2.1.3 - Violence, aggression and verbal abuse towards our staff is not tolerated. Violence includes physical acts of aggression, behaviour or language, whether spoken or written, that makes staff feel offended, afraid, threatened or abused. This includes, but is not limited to, language that is abusive, rude or derogatory, statements that are inflammatory, threats, offensive remarks, swearing and allegations about SLC staff that are defamatory. Language which is offensive or derogatory towards others in relation to race, ethnicity, nationality, religion, gender, sex, sexual orientation, age and/or disability is unacceptable. Making serious unsubstantiated and/or false allegations that staff have engaged in criminal or corrupt conduct will also be considered unacceptable.

2.1.4 - SLC does record certain customer calls for monitoring purposes subject to prior notice being provided to the parties to that call. Such recordings are processed in accordance with SLC’s data protection and records management policies. However, SLC considers the recording of face-to-face meetings or telephone calls by callers without the prior knowledge and consent of the SLC staff member conducting the meeting or call to be unacceptable.

Unreasonable demands and excessive contact

2.1.5 - Individuals may make unreasonable demands on SLC, such as the amount of information they request, the nature or scale of the service they expect, imposing unreasonable timescales or deadlines for responses outside our normal practice or published timeframes, or the number of approaches they make. If behaviours start impacting on our ability to deliver our service, we consider them unacceptable.

2.1.6 - What constitutes an unreasonable demand or excessive contact will depend on the facts and circumstances of each case. A demand becomes unreasonable when it starts to (or when complying with the demand would) impact substantially on the work of SLC by taking up excessive amounts of staff time. This includes but is not limited to repeatedly demanding more urgent responses from SLC staff than is reasonable or normal recognised practice; insisting on seeing or speaking to a particular member of staff when this is not possible; in certain circumstances, insisting that particular members of staff may not deal with the individual’s account, appeal or complaint; and/or making what SLC consider to be an excessive number of contacts with SLC. We would also consider individuals repeatedly sending written correspondence or online messages in the same or similar terms; repeatedly contacting different parts of the organisation about the same or similar issues; attempting to contact SLC staff via alternative channels outside of work (including social media); repeatedly demanding information or documents which SLC have explained we do not hold; and/or repeatedly sending excessive or irrelevant documentation to amount to unreasonable behaviour.

2.1.7 - SLC considers the level of contact with an individual to have become excessive when the amount of time spent talking to the individual on the telephone, or responding to, reviewing and filing emails or written correspondence impacts upon our ability to deal with the individual’s student finance account, complaint or appeal effectively or impacts on our ability to deliver services to others.

Unreasonable use of SLC’s complaint or appeal procedures

2.1.8 - SLC recognises that individuals may have cause to make complaints or appeal student finance decisions in accordance with SLC’s procedures. It is important that SLC’s complaint and appeal procedures are open and accessible. We will therefore only limit access to these services in exceptional circumstances and when it is proportionate to do so.

2.1.9 - SLC shall endeavour to observe its complaints handling and appeals procedures for each and every complaint or appeal that is received. However, if SLC reasonably considers that the effect of repeated or numerous individual complaints or appeals is intended to harass staff, prevents SLC from pursuing resolution of an issue or implementing a legitimate decision or aim, we may consider this behaviour to be unacceptable.

2.1.10 - Where an individual changes the substance of a complaint or appeal on a number of occasions or continuously raises new concerns or questions which, in the reasonable opinion of SLC, is intended to hinder the resolution of the complaint or appeal, this may be regarded as unacceptable behaviour.

2.1.11 - We may also consider an individual’s behaviour to be unacceptable where they persist in pursuing a complaint or appeal which SLC reasonably regards as having been fully and properly exhausted in accordance with our complaints handling and/or appeal procedure.

3. Managing Unacceptable Behaviours

3.1.1 - SLC needs to take action when unreasonable behaviour impairs the functioning of our activities or has a detrimental impact on our staff. We will take into account the personal circumstances of the individual when taking action and ensure that our response is reasonable and proportionate to address the unacceptable behaviour identified.

3.1.2 - If the individual who is behaving in an unacceptable way is a representative of a supplier or other organisation that SLC has an existing relationship with the matter should normally be escalated by senior management to our contact within that organisation for resolution. Where SLC has an agreed complaints process or escalation route in place with the relevant organisation, this should be adhered to.

3.1.3 When an individual is identified as behaving in an unacceptable way, SLC may at our sole discretion take any one or more of the following actions, where applicable:

• (a) advise the individual of this Policy;
• (b) request that the individual modifies their behaviour;
• (c) terminate a telephone call;
• (d) ask an individual to leave our premises;
• (e) restrict contact to written correspondence only;
• (f) restrict telephone contact to set days and/or times;
• (g) restrict contact to a nominated member of SLC staff or department at SLC;
• (h) restrict the individual’s contact with SLC to certain issues or requests;
• (i) if appropriate, refuse to register or progress a complaint or appeal;
• (j) take a decision to escalate a complaint or appeal to the next stage of the process, including to an Independent Assessor;
• (k) inform the individual that complaints or appeals will be responded to outside SLC’s standard service level times for response;
• (l) where appropriate, contact third party organisations including police, other law enforcement agencies, social services and/or the individual’s education provider;
• (m) delete comments, report users, block or otherwise restrict access to our social media platforms in accordance with our Social Media Acceptable Use Policy;
• (n) if appropriate, restrict contact to a named representative or other third party with consent to share (or other third-party authority) on the customer’s account;
• (o) if appropriate, terminate the consent to share (or other third-party authority) on the customer’s account where the named representative or other third party is acting unreasonably;
• (p) file, return or, where appropriate following previous warnings, destroy excessive or irrelevant documents;
• (q) in exceptional cases, terminate all direct contact; and/or
• (r) take any other action which SLC deems appropriate.

3.1.4 - We will not respond to correspondence in any format that is abusive towards staff, or which contains offensive statements.

3.1.5 - When a member of staff makes an immediate decision in response to offensive, aggressive or abusive behaviour, the individual must be advised at the time of the incident.

3.1.6 - Any member of SLC staff has the right to terminate telephone calls with customers or other individuals who they reasonably consider to be behaving in an unacceptable way. If a member of staff feels threatened or abused, we will ask the individual to cease behaviour which is unacceptable. Where possible, we will explain that we will end contact if it continues. If an individual continues to behave in an unacceptable manner, the member of staff can end contact immediately and should advise their line manager of these actions. Further information for SLC staff on handling telephone calls where a customer threatens violence or uses offensive or abusive language can be found on Knowledgebase.

3.1.7 Incidents of unacceptable behaviour on SLC’s social media platforms will be handled in accordance with the guidelines in our Social Media Acceptable Use Policy.

3.1.8 - After incidents of unacceptable behaviour, if a decision on whether to impose a period of restriction on contact with an individual is required, this should be escalated to a member of senior management for careful consideration. The level of restriction imposed will depend on the severity of the unacceptable behaviour identified. When a decision has been made by senior management, the individual will normally be contacted in writing, or in another recorded format, where possible. This communication will state why a decision has been made to restrict future contact, the restricted contact arrangements and, if relevant, the length of time that these restrictions will be in place. This ensures, where possible, that the individual has a record of the decision.

3.1.9 - Where we do not have a means of contacting the individual in writing or in another recorded format, staff will record the decision to restrict or terminate contact in the same degree of detail. This is to ensure the decision is documented and can be made available to the individual concerned if they make further contact.

3.1.10 - Where an individual continues to make contact with SLC in an unreasonable manner, such cases may be escalated to SLC’s Legal Services Department to issue a warning to cease and desist and/or to pursue further legal action where appropriate.

3.1.11 - For the avoidance of doubt, the use of aggressive behaviour and/or threats towards SLC staff may result in termination of all direct contact with an individual. If appropriate, incidents may be reported to the police. A decision to make a report to the police will normally be taken by a manager or other senior member of staff who may consult with SLC’s Legal Services Department where appropriate. A report to the police may be made by any member of SLC staff in the event of an emergency or immediate danger.

3.1.12 - If a credible security threat towards staff or SLC sites is made, a report must be made to SLC’s Security and Estates Teams in line with the process set out on Knowledgebase.

4. Review of Decisions

4.1.1 - Where a decision is made under this Policy, there is no right of appeal or complaint under SLC’s statutory appeals or complaints procedures. If an individual is not satisfied with a decision to terminate all contact or to impose a period of restriction on contact, they may request that this decision is reviewed in line with section 4 of this Policy

4.1.2 - The SLC Company Secretary may consider the request for review. The SLC Company Secretary shall have the discretion to quash, vary or uphold the original decision. They will advise the individual of the outcome in writing or such other form of communication as appropriate.

4.1.3 - The SLC Company Secretary may examine whether the individual’s behaviours have wrongly been identified as unacceptable, whether the restrictions imposed are reasonable and proportionate, whether the restrictions imposed may have an adverse effect on the individual based on their personal circumstances and whether any other reasonable adjustments can be made. However, a review request under this Policy cannot be used as a mechanism to reconsider the content of any complaint or appeal.

4.1.4 - Decisions to restrict or terminate contact may also be subject to periodic reviews by senior management in the relevant business area to consider whether the restrictions imposed are still necessary and proportionate.

5. Other Considerations

5.1.1 - We understand that in some cases, individuals who wish to contact SLC may have a mental health condition, learning difficulty and/or disability where it may be difficult for them communicate clearly and appropriately. If there is evidence of this in circumstances of unacceptable behaviour, we will consider the individual’s needs and those of our staff, before deciding on how best to manage the situation. We will consider making reasonable adjustments, but we may still need to manage contact if necessary.

5.1.2 - For the avoidance of doubt, if SLC receives a genuine complaint about a member of staff or a report of corruption, bribery or fraud, these will be handled and investigated in accordance with the relevant policies and procedures.

5.1.3 - When considering whether to impose a period of restriction or to terminate contact, consideration will be given to whether SLC’s proposed action is reasonable and proportionate to address the unacceptable behaviour identified. A decision to terminate all direct contact should only be taken in exceptional circumstances. Further guidance and advice may be sought from SLC’s Legal Services Department if required.

5.1.4 - Where SLC takes a decision to restrict or terminate contact under this Policy, SLC may continue to send a customer correspondence in relation to their student finance account and/or repayments in order to discharge our statutory functions in relation to the student finance scheme. 5.1.5 Terminating or restricting contact under this Policy does not remove SLC’s obligations under other legislation such as the Freedom of Information Act 2000, Data Protection Act 2018 or UK General Data Protection Regulation, as amended or replaced from time to time. Any requests under such legislation will continue to be considered in accordance with SLC’s usual procedures for subject access requests or information requests. Where a decision has been made to terminate or restrict contact, SLC may not respond to an individual’s correspondence and direct that only relevant information or access requests will be responded to by the relevant department. Information or access requests that could be considered unacceptable, for example repetitive requests for information, will be managed under the relevant legislation and Information Commissioner’s Office guidance on the handling of requests which are unreasonable or vexatious.

5.1.6 - SLC reserves the right to amend or update the terms of this Policy at any time.