Local Government Ombudsman

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London Borough of Islington (06A16128)

Managing tenancies                    Maladministration causing injustice

4 August 2008

A woman with multiple sclerosis struggled to open the new heavy communal front door to the block of flats where she lived. The Ombudsman finds that Islington Council, in acting to try and reduce antisocial behaviour in the block, failed to consider the needs of disabled residents. The Council says it will follow the Ombudsman’s recommendations to remedy the injustice, including payment of £2,000 to the complainant.

‘Ms Mitchell’ (not her real name for legal reasons) suffers from multiple sclerosis. She complained that the Council failed to consider the needs of disabled people when it fitted a new heavy front entrance door to her block of flats, and about other related issues.

The Ombudsman says “I consider that the Council’s failure to take account of the Disability Discrimination Act 1995 before considering the installation of a new communal door and entry system was maladministration. It had serious consequences for Ms Mitchell in that she struggled to open the door, and on at least one occasion had to wait outside in her wheelchair for several hours until someone came along who was able to open the door for her. Understandably, given the problems with antisocial behaviour in the area, this left her feeling vulnerable.”

In addition, the Ombudsman criticised the Council because it:

  • delayed unreasonably in providing Ms Mitchell with an electronic means of opening the main front door;
  • failed to equip her with a means to open the windows in her flat as she could not grip the existing lever handles and use the key lock at the same time; and
  • failed to enable her to easily open her flat door at times when she is immobile or wheelchair bound.

As a result, Ms Mitchell was caused anxiety and stress, her health suffered and her safety was put at risk.

The Ombudsman finds maladministration causing injustice and the Council has agreed to:

  • apologise to Ms Mitchell for the stress and inconvenience that she has been caused;
  • pay her £2,000 compensation; and
  • review procedures and take other actions to prevent future problems.

Date Updated: 14/10/08