Respectful Behaviour Policy

The NMC interacts with a wide range of people in many different capacities. We understand that those communicating with us and using our services may sometimes be anxious, stressed, or dissatisfied with our performance.

We always aim to treat people with respect, in accordance with our values and we welcome any feedback that could improve our service and will always consider how to support and best work with people involved in our processes.

To best protect the public, it is vital that our communication is effective and respectful. Those working with or for us always deserve to be treated with respect in return. Behaviour that is lacking in mutual respect can negatively affect the health and wellbeing of those working for or with us and undermine our ability to regulate effectively.

Purpose and scope 

This policy sets out how we ensure a safe and respectful environment for those who work for us, work with us, or use our services.

It applies to:

• all areas of our work
• anyone who contacts us, and
• all methods of contact

Behaviour that is not respectful

There are two ways in which behaviour may not meet the requirements of mutual respect: it could be unacceptable by its nature, or unreasonable in its demands on us as a regulator.

We consider that the following behaviour is unacceptable:

• Any violence or the threat of violence towards those working for or with the NMC.
• Any abuse or intimidating behaviour, including:
  • racist, discriminatory or derogatory language or hostile or prejudiced behaviour;
  • abusive and offensive language including body language and persistent swearing.

Contacting those working for or with the NMC outside of official channels or behaviour that could constitute harassment².

Abusive, offensive, racist, sexual, homophobic, biphobic, transphobic or discriminatory language does not need to refer directly to our staff or be directed towards them. Such terms are unacceptable whoever is targeted. We can challenge those who communicate with us and ask them to temper their language whoever they are referring to.

A single incident can be enough for us to act under this policy. Our employees do not have to put up with harassment as ‘part of the job’. A person’s frustration with our processes or decisions does not excuse it.

We consider as unreasonable any behaviour that makes irrelevant, groundless or disproportionate demands of our resources as a healthcare regulator.

This could include, but is not restricted to, people:

• setting unreasonable timescales for responses,
• making excessive contact by phone, email, correspondence or in person, or trying to contact NMC employees, teams or departments, or those working with us who are not relevant to the issue, despite being told to refrain from this;
• demanding replies in a particular format that’s not needed or insisting on departures from NMC practice or procedure.
• submitting the same, or substantially the same, complaint, referral or request for review or information to us when it is inappropriate to do so (e.g. there is a different process to follow, the relevant process is already underway or they have been informed through the correct channels that the NMC has done all it can to address them);
• repeatedly raising matters that fall outside of our remit despite being informed of this;
• refusing to clearly identify the issues they wish to be resolved, or basis for this, despite reasonable efforts from NMC staff to help them do so;
• making repeated unjustified complaints about NMC staff or litigation certified by the Court as totally without merit;
• making unjustified complaints about or requesting to change a member of staff based purely on their race, ethnic background, sex, sexual orientation, gender reassignment, religion or belief, disability, age or any other protected characteristics.

What happens when behaviour is reported

If one of our employees experiences unreasonable or unacceptable behaviour, they will report it to their manager. The manager will decide whether this policy applies and whether to refer the matter to a senior manager, who will decide whether to restrict communication. In the meantime, we may take other steps, such as passing the work to another colleague or contacting the person to raise their behaviour with them. Where the behaviour includes sexual harassment or harassment related to a protected characteristic, we will act promptly to protect our employee.

Underlying issues, support and reasonable adjustments

Sometimes a person’s behaviour or communication difficulties can indicate underlying issues, such as a mental health condition, learning disability or dementia. We may need to explore this issue if there are indications that it is a factor in the relevant behaviour, securing specialist support as necessary.

We need to ensure that so far as possible that people are able to access our services and are not disadvantaged due to a protected characteristic. When dealing with unreasonable or unacceptable behaviour, and especially when considering restricting communications, we always consider whether reasonable adjustments are needed.

If you need a reasonable adjustment to help you communicate with us, please tell us. We will discuss with you what support we can offer.

The presence of reasonable adjustments does not mean we will not follow our respectful behaviour policy or restrict communication where appropriate. This is especially true when a person’s behaviour has been unacceptable. We have a duty to keep our employees safe and will seek to do so without unduly disadvantaging people we communicate with.

Fitness to practise

If we believe there has been unacceptable behaviour and the person who has displayed it is a member of our register, we will consider whether we need to open a fitness to practise referral in respect of this conduct or add such a concern to an existing open case against the professional. Such a concern will be processed according to our usual processes and guidance on fitness to practise concerns.

If we know or reasonably believe the person in question to be a member of another regulated profession, we will also consider whether we need to make a relevant referral.

Notifying a person of use of this policy

When we decide that this policy applies, we will usually send a letter or email to the person involved notifying them that:

• there has been a concern about unreasonable or unacceptable behaviour (specifying what that behaviour is/was) and they should stop/not repeat such behaviour; and
• if the conduct persists, a decision could be made to restrict their communication with us.

On occasion we may need to act before we have communicated with the person in question – for example, making an urgent police referral, removing someone from NMC property or bringing in urgent restrictions.

In cases where we think it may be necessary to take legal action to prevent further incidents, we will clearly explain any legal action we may take if the person does not cease and desist in their conduct (for example, an injunction to stop any persistent abuse or harassment from someone outside the NMC). We will make this indication as early as possible but reserve the right to do so at any stage of our correspondence.

Restricting a person’s communication with us

In order to ensure that there is respectful engagement, we may need to restrict a person’s communication with us. This is a decision that will be made by a senior manager (a Head of Department, Assistant Director or Director).

The following is a list of restrictions that we may go on to apply, either on their own or together, depending on the circumstances of any individual case:

• We may decide to give the person a formal warning confirming that we consider their behaviour to have violated our policy on respectful behaviour and setting out that any further such behaviour will lead to a restriction on their communications with us.
• We may decide only to take telephone calls from the person at set times or on set days.
• We may change the person’s point of contact at the NMC. And that NMC employee will be the only person to deal with calls or correspondence from the person.
• We may ask the person to communicate with us in writing only.
• We may put measures in place to divert or block telephone calls or other types of communication.
• We may advise the person that we’ll read their correspondence but not necessarily acknowledge or respond to it, if we feel that we’ve already answered all of their questions or concerns reasonably. We would still respond to any outstanding complaints, information requests, whistleblowing issues or legitimate fitness to practise issues in line with our usual policies and procedures.
• We may tell the person that they’re not allowed to visit NMC premises without being invited first.
• Where the person communicates by email, we can ask our IT department for advice about using technology to manage correspondence, if we feel that’s appropriate. For example:
  • blocking incoming email messages from certain addresses.
  • diverting incoming email messages from certain addresses into a designated inbox.

Where unacceptable behaviour happens on social media, we may report it to the platform concerned using its own reporting process.

The steps indicated above are not exhaustive. There may be other action that’s appropriate for us to take.

There may be very exceptional cases in which we need to bring legal proceedings, for example, pursuit of an injunction to prevent abusive behaviour or harassment against NMC employees or an application for a civil restraint order if someone repeatedly brings legal proceedings against the NMC which the Court certifies as being “wholly without merit”.

Considerations when deciding on restrictions

When making their decision on restriction, as well as the conduct in question, the decision maker will take into account any information or response received from the person in question and any formal warnings or restrictions previously issued to the person. It will be relevant to consider the reason for previous action and how much time has elapsed.

We will always take the least restrictive action necessary to manage the unacceptable and unreasonable behaviour, having regard to our safeguarding duties and the need to make reasonable adjustments where appropriate.

In some cases, a person may have multiple lines of contact with different NMC teams. Where possible we’ll speak to all teams known to be dealing with a person before deciding to restrict access. This is so the decision maker can consider the impacts of restrictions on any other teams. In particular, we will ensure that we don’t inadvertently block members of the public from raising legitimate concerns, making information requests or serving relevant Court documents on the NMC.

Restrictions should never restrict a person’s right to make a fitness to practise referral. We will never prevent a person’s statutory right to request information either, for example the making of Freedom of Information or Subject Access Requests. When such requests are made these must be sent to the Person Information and Data Requests team without delay. The team will consider the requests in line with the relevant legislation.

We will always consider whether any information provided may constitute whistleblowing. As an organisation we have internal and external whistleblowing responsibilities and policies.

Informing a person of a decision to restrict or give a formal warning

If a decision is taken to restrict communication, we’ll write to the person concerned explaining any restrictions to them and the reasons for them. If the person needs a reasonable adjustment to the way we communicate with them, we’ll make that adjustment.

This policy will continue to apply to any communications from the person in respect of a decision to restrict. Further infringements of that policy, including persistent submissions or requests for review, could lead to the continuation of the restrictions in place or addition of new restrictions in appropriate circumstances.

Review of restrictions

We will keep a central register of individuals who are on restricted contact arrangements.

Every 6 months our Enquiries and Complaints team will review the restrictions in place, considering whether to lift, vary or add to it. We will give the person the outcome in writing unless there are good reasons not to do so – for example, the person has ceased engaging with us and is unlikely to do so in future, a lack of capacity or belief that further communication from us could lead to harm.

The Enquiries and Complaints team will consider whether the restriction remains necessary and proportionate, taking into account any change in circumstances. They can request submissions or further information from the person restricted in advance of this decision should they find it useful to do so – for example, a relevant matter has come to their attention that can do with clarification or elaboration.

If you think we have made a mistake, or your circumstances have changed, you can write to us and ask us to review a restriction. You can also use our complaints process if you are unhappy with how we have applied this policy.

We follow the General Data Protection Regulations and all data protection legislation. If following this policy means we need to process your data, we’ll keep it to what’s relevant and necessary.