Introduction
Whereas a persistent complainant who is continually "fobbed off" and refuses to accept such dismissal is said to be "vexatious", so correspondingly, the employee of the BUJ who is rejecting the complainant by continually "fobbing off" may be said to be engaging in "vexatious dismissal".
Some definitions:
causing or tending to cause annoyance, frustration, or worry.
"the vexatious questions posed by software copyrights"
Law: denoting an action or the bringer of an action that is brought without sufficient grounds for winning, purely to cause annoyance to the defendant.
"a frivolous or vexatious litigant"
Democracy or Dictatorship
Democracy is when the politicians LISTEN and do what is deemed eminently sensible by the majority of people - the Electorate.
Dictatorship on the other hand is the state in which a nation that is dictated to by one or more politicians and the Electorate is ignored finds itself.
The Electorate of course includes all state employees, and it is this sector over which the ruling party / ruler can inflict serious damage.
So how is this part of the Electorate controlled ?
It might be referred to as "Discipline".
On the ways in which this discipline is effected is by what may be termed "Vexacious Dismissal".
It is applied "willy nilly".
The phrase "willy-nilly" originates from the older expressions "will I, nill I" or "will he, nill he," meaning "whether one is willing or unwilling," and evolved to signify something happening haphazardly or without choice.
The Britannica Dictionary defines it as follows:
- 1: in a careless and unplanned way
They decided willy-nilly to change the rules. - 2: in a way that does not allow any choices or planning
We are being forced willy-nilly to accept whatever the government decides.
Impact on Society
Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.
A recent review of the Nolan Principles was made by the Committee on Standards in Public Life [CSPL] and published - click here to see.
It concludes:
What seems clear is that the public does not have much trust in what is driving those in high political office and that cynicism, coupled with the emergence of new means of expressing that distrust in the form of social media, has further eroded the public’s confidence that the political system and government more widely is working effectively on its behalf.
Where institutions (or individuals in them) become self-protecting against external (or internal) scrutiny, take steps to shift blame and responsibility, or attempt to cover up its activities, they are violating their responsibilities to act honestly, openly and in an accountable manner, and they are putting the interests of members of the organization before their responsibilities to serve the public.
One cannot agree more !
Background
One needs to examine the "type" of person who makes a complaint.
- There are those who simply think that they are in the right, when it is blatantly obvious they are in the wrong. And, to to be honest, Accountability Scotland has its fair share of members in this category. These people need help, but rarely are they prepared to accept it.
- There are those who have the knowledge [or education], and experience to be able to determine that they have been wronged.
- There are those who have been wronged, having suffered as a consequence of an action by an expert such as a doctor, or lawyer, or an expert in some field or other such as a "computer consultant".
- There are also those who have become politically unacceptable to their employer - such as teachers who have been classified wrongly because their excellence has shown up some of their peers and superiors as being incompetent.
Some examples:
These cases are based on members of Accountability Scotland, but have been suitably anonymized.
- A parent whose children have been bullied as said parent is unmarried.
- Linn Park - group of Chartered Engineers having more knowledge than a council employee of low intellect - on the closure of a path.
- A person who reported a health problem to a doctor, was fobbed off, and then had to have major surgery.
- A teacher [and there are many cases in this category] who was wrongly classified. Some even taking their own lives.
The Information Commissioners Review
The Information Commissioner has published his thoughts. The index is here:
- Dealing with vexatious requests (section 14) - Index
- What does section 14(1) of FOIA say?
- What does vexatious mean?
- What are the four broad themes?
- How do we assess value or serious purpose?
- How do we consider burden, motive and harassment?
- Does the value and purpose of the request justify its impact?
- How do we consider burden, motive and harassment?
- How do we assess value or serious purpose?
- How do we consider burden, motive and harassment?
- Does the value and purpose of the request justify its impact?
- etc etc etc