I would echo Phil's points on this as they are borne out by the recent tribunal decision on Cardiff City Council. There the council could not show a pattern of behaviour from the applicant and their attempt to use s14 failed. They compounded this failure by appealing to the tribunal but that is a different issue.
My experience has been to set the parameters for the applicant by explaining when and how their behaviour has begun to fit into the s.14 categories. Often times the applicant is unaware of the impact or effect and will modulate or moderate their behaviour.
If something has been going on for years, it is never too late to make a change. However, it requires time to change the pattern as Phil points out.
A further way to manage the applicant might be to create a single point of contact (SPOC) for them and indicate that all contact on the issue(s) has to go through that person. This gives you the ability to limit the effect on teams and it gives you a basis for negotiating behaviour with the applicant.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 13 May 2015 15:27
To: [log in to unmask]
Subject: Re: Information sharing
Whatever else you do you need to have a proper review & assessment of the material you hold before handing anything over. Whilst I do not disagree with Michelle in principle you cannot simply abdicate responsibility for reasonable and proprotionate assessment as that is part of the 'necessity' test.
Harassment offence includes a specific mens rea "which he knows or ought to know amounts to harassment of the other" - tepered of course by s1(2). Have you for instance ever thought it necessary to warn Mr X that if he persists he might be reported for an offence ? Have you ever used the word harrassment in communications with him ? Have you ever treated an FOI request as vexatious or given notice under s17(6) FOIA? Has the LGA ever warned him or criticised his conduct. Has he been subject to a formal vexatious complainant procedure (if you have one)?
If you have been playing his game by his rules without comment for years he might have cause for further complaint if you suddenly, without warning, hand it all over to the constabulary.
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