Withdrawal of service Policy
The Leicester Community Advice and Law Centre (LCALC) is committed to providing services to all eligible individuals (as defined by relevant funder requirements) and to fostering an environment that is safe for all clients, staff, volunteers and visitors.
The LCALC recognises that many of its clients may be vulnerable, and that there may be various mitigating factors that might contribute to a client’s behaviour. Such factors must be carefully taken into account in any decision-making, and staff/volunteers must remain aware of their duty of care obligations towards clients who may be vulnerable. If such factors appear to be relevant, appropriate support and/or alternative approaches to service provision should be considered.
However, there may be occasions when, after careful consideration, services must be refused, withdrawn or limited for individual clients due to aggressive, abusive, intimidating or otherwise inappropriate or unsafe behaviour. Limiting services might include arranging a waiting area away from other clients, only offering appointments online or via the telephone, or limiting the scope of the services offered. Refusing or withdrawing services should only be considered as a last resort when alternative approaches to resolving the situation have been ruled out.
This policy outlines the circumstances in which it may be appropriate to refuse, withdraw or limit services, and details the procedures to be followed. It will be reviewed annually by the Director of Service Delivery.
Awareness & communication
1.1. All LCALC staff and volunteers will receive training on this policy during their induction.
1.2. Regular supervision and team meetings will ensure that awareness of this policy is maintained and allow early detection of situations that might need to be dealt with under the policy.
1.3. Clients will be made aware of this policy via:
o A notice in our waiting room
o A statement on the LCALC website
o Notices will also be displayed in each of the consultation rooms stating that aggressive or inappropriate behaviour will not be tolerated
1.4. The Director of Service Delivery or another member of the Senior Management Team will communicate any decisions to the client as set out below.
1.5. Any decision to refuse, withdraw or limit services must also be communicated to relevant members of staff and flagged on Advice Pro, our case management system. Appropriate support will be offered to frontline staff who may be required to implement these decisions if such clients persist in contacting the service.
1.6. Staff are encouraged to raise any concerns about inappropriate behaviour or other issues with their line manager at the earliest opportunity, or with a member of the Senior Management Team. Early intervention strategies should be implemented wherever possible order to minimise the need for services to be limited or withdrawn.
1.7. The LCALC is committed to providing a healthy and safe work environment where staff are treated with dignity and respect and where harassment of any kind is unacceptable. If staff feel that their concerns have not been satisfactorily addressed by their line manager, they are encouraged to contact a member of the Senior Management Team for advice.
Procedures for refusing, withdrawing or limiting services to clients
2.1. If a staff member or volunteer has concerns about a client in relation to this policy, the details should be discussed with the Director of Service Delivery in the first instance, or with another member of the Senior Management Team in the Director of Service Delivery’s absence.
2.2. Every effort will be made to resolve a situation informally. If this is not successful or appropriate, then every effort will be made to limit services rather than refuse or withdraw them. Refusal or withdrawal of services will only be implemented as a last resort.
2.3. Where a potential limitation, withdrawal or refusal or of service is identified, the client must be made aware of this policy and should be provided with a written copy.
2.4. Clients must be notified in writing by the Director of Service Delivery (or another member of the Senior Management Team in the Director of Service Delivery’s absence) of any decision to withdraw or refuse service. Written decisions should include:
o a clear explanation of why the decision has been made
o advice that the client has a right to complain about this decision under the LCALC complaints procedure
o details of alternative service providers where appropriate.
2.5. A decision to limit service provision may be communicated verbally to the client and should include a clear explanation of why the decision has been made and details of alternative service providers. In extreme or unresolved cases it may be necessary to provide a written decision in accordance with section 2.4.
2.6. Accurate case notes must be kept of all discussions, advice and decisions, and these should be recorded on our case management system, Advice Pro.
2.7. Circumstances that may lead to limitation, withdrawal or refusal of service:
o violence, or threats of violence
o harassment, discrimination or any other action that causes significant discomfort or distress to staff, volunteers, visitors or other clients
o infectious disease
o requests for staff/volunteers to collude with fraud or illegal activity
o inappropriate and excessive use of resources.
This list is intended as a guide for both clients and staff. However, if an instance occurs that is outside these guidelines, which indicates that it is inappropriate for service use to continue, the LCALC reserves the right to limit or refuse service after careful consideration of the situation.
Violence, or threats of violence
The LCALC is committed to providing an environment that is safe for all clients, visitors, staff and volunteers. Violence, or threats of violence, will not be tolerated under any circumstances.
If a client is being violent or threatening violence, the nearest panic button can be used to call for help and a member of the Senior Management Team should be notified as soon as possible. The senior manager will determine whether it is necessary to report the incident to the police, if they have not already been alerted, and will meet with all relevant staff members at the earliest convenience in order to debrief and check the wellbeing of those involved and to agree any further actions that may need to be taken.
Harassment, discrimination or any other action that causes significant discomfort or distress to staff, volunteers, visitors or other clients
The LCALC is committed to protecting the wellbeing of staff, volunteers, clients and visitors by creating an environment in which everyone is treated with dignity and respect, and in which equality, diversity and inclusion are actively promoted.
If a client verbally abuses or harasses staff, volunteers, visitors or other clients, breaches our equality, diversity and inclusion policy, or otherwise behaves in a manner that is likely to cause significant distress or discomfort to others, and informal measures do not rectify this behaviour, the client should be informed that services may be limited or withdrawn.
Harassment, discrimination or otherwise inappropriate behaviour should be reported to the Director of Service Delivery in the first instance, or to another member of the Senior Management Team in the Director of Service Delivery’s absence. If effective alternative service delivery is impossible and informal measures to deal with a situation do not rectify the behaviour of a client, or if the behaviour is extreme and/or persistent, the LCALC may refuse or withdraw service in order to maintain an environment that is acceptable to other clients, visitors, staff and volunteers.
Infectious Disease
If a member of staff believes that they are at significant risk due to a client’s health condition, advice should be sought from the Director of Service Delivery, or another member of the Senior Management Team in the Director of Service Delivery’s absence. The senior manager should assess the risk and determine if an alternative method of service delivery should be provided (e.g. telephone appointment or video call). This decision should be communicated and explained to the client.
Request for collusion with fraud or illegal activity
Staff must not knowingly assist clients with fraudulent applications or illegal activities. If a staff member identifies a client who might knowingly or unknowingly be committing, or about to commit, a criminal offence, they must make the client aware of their obligations under UK law, the implications of their action and the steps they should take to rectify the situation.
If the client is unwilling to follow this advice, the LCALC will not continue to advise or represent them on this particular issue (other than to reiterate obligations and implications etc). However, staff may continue to work with the client on unrelated issues.
Such cases should be discussed with the Director of Service Delivery in the first instance, or with another member of the Senior Management Team in the Director of Service Delivery’s absence, and any decision to limit service provision should be clearly explained to the client and recorded in the case notes.
Inappropriate and excessive use of resources
LCALC has limited resources and aims to provide an equal service to all clients. Resources in terms of staff time and expertise are not unlimited. The following actions may lead to withdrawal or limitation of services offered:
o Persistent requests for staff to undertake actions which they deem the client to be able to take themselves;
o Persistent requests for staff to undertake actions that are not deemed to be appropriate to the case;
o Requests for advice or services that are not within the remit of the service or which exceed the expertise or competency of staff;
o Long term support requirements that require substantial staff time, causing a detrimental effect on the ability of the organisation to provide an acceptable level of service to other clients
o Refusal to pursue referral to other sources of support deemed to be more appropriate alternatives to services offered by LCALC
o Persistent non-attendance at appointments without good reason.
Right of appeal
3.1 A client has the right to appeal against the decision to limit, refuse or withdraw services by writing to the Chief Executive Officer. Wherever possible, the Chief Executive Officer will endeavour to respond within 5 working days.
3.2 Where the Chief Executive Officer has made the decision to limit, refuse or withdraw services, the client may appeal in writing to the Chair of Trustees. Wherever possible, the Chair of Trustees (or another trustee nominated by the Chair if the Chair is not available) will endeavour to respond within 10 working days.
Re-instatement of services
Limitation & reinstation of service
4.1 Where services to a client have been limited, this decision will be reviewed on a case-by-case basis as appropriate, and a full service may be resumed whenever it is deemed safe and appropriate to do so.
4.2 Any decision to refuse or withdraw services will be reviewed by the Director of Service Delivery if the client seeks advice again at any point after an initial 12-month period has passed. Any decision to re-instate services at the end of this period will be taken on a case-by-case basis, taking into account the reasons for the initial decision to suspend services as well as any mitigating factors associated with the client’s situation; an updated assessment of the risks involved in re-instating services to the client; and the likely impact of re-instating services to the client on staff, volunteers, visitors and/or other clients. This decision will be communicated to the client in writing, and the client may appeal against the decision as outlined above.
Version 1 - December 2021