Scottish Government fixated correspondent policy: FOI release

Information requested

You asked for the ‘fixated subject list policy.’

Response

Please see below a copy of the Scottish Government’s policy for individuals who are recorded as fixated:

Fixated (formerly persistent) correspondents

When someone repeatedly contacts us about the same issue, despite having received a full response, they can be classified as a fixated correspondent. Previously, we would have called these people persistent correspondents but it’s important to note there is a difference and persistent correspondent is now an outdated term.

A person (or their representative or intermediary) may legitimately contact us persistently with different questions about the same subject. This kind of contact does not make them fixated. It may simply mean they have a variety of different issues, topics or queries that require attention or that promised actions have not been taken. A person with a fixation may repeatedly ask the same question, despite having already received a full response.

You should only formally record them as a fixated correspondent when they have:

• exhausted all relevant internal escalation routes
• received a full and final response to all the issues raised, which includes appropriate signposting to any third party/independent review tier

This is because the issues they raise have already been fully addressed. It’s important to note that the term fixation is used on a topic specific basis. Communications from a fixated correspondent regarding a different topic will be processed normally.

Recording someone as a fixated correspondent

There is a three-step procedure you must follow:

1. The initial query needs to have been responded to. Within reason, you should also respond to follow up correspondence on the topic.

2. If the individual continues to correspond on the same topic and any further responses on our part would be the same, refer them to the previously issued responses in your reply. You should state we have provided all possible information on this subject, and therefore can’t help any further. You should also ask them to stop corresponding with us on the specific subject.

3. If they continue to correspond on the same subject, and you have approval from your division head or equivalent level, you can issue a final response. This should be along the lines of: “As previously advised on [date], you are welcome to contact the Scottish Government on any new issues. However, any future correspondence on this matter will be filed without response.”

The specific response you should send is drafted by each area. Nevertheless, it’s important to make it clear in your reply that any further correspondence on the subject will be filed without receiving a response. You must also explain that correspondence on a different matter will be processed as normal.

Once you have issued the final response, inform the public engagement unit and provide the following:

• a background note on the fixated correspondent
• a copy of approval from your division head or equivalent
• a copy of the final response
• name, email address and topic of the suspected fixation
• a Scottish Government email contact

PEU will record the individual's name and topic. As a result, any future correspondence will not be added to MiCase. It will also be forwarded to the named contact for awareness and appropriate filing.

Dealing with persistent callers

You can use this response:

“You have called the Scottish Government on a number of occasions. I have to tell you that there is nothing further we can add to the advice you have already received from officials and/or ministers' offices. Should you wish to raise any new issues you should put these in writing.”

If callers are unwilling to accept this or become abusive they should be advised politely that you will end the call, and then do so.

Remember that customers noted as fixated correspondents for one issue can still raise other issues. You should treat the issues they raise as new and follow normal reply procedures.

Persistent correspondence

While we no longer formally recognise the term 'persistent correspondent', colleagues will at times have to deal with them. Persistence can fall under the unacceptable actions policy due to unreasonable demands.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.