Summary: Miss X complains the Council has discriminated against her based on her race and religion. I have completed my investigation. The Council failed to have due regard to its duties under the Human Rights Act and the Equality Act. It should apologise to Miss X and pay her £150.

The complaint

1. Miss X complains that the Council failed to take appropriate action when she reported her landlord was discriminating against her.
2. She complains the Council has also discriminated against her by asking her to remove posters and for talking about eviction.
3. Miss X says this caused her distress.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I considered the information Miss X provided.
7. I made written enquiries of the Council and considered its response.
8. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

9. In April 2019, the Council helped Miss X find a private rented tenancy through its Private Rented Sector housing team.
10. Miss X says the landlord discriminated against her based on her race when she viewed the property. She was the successful applicant and moved in.
11. Miss X reported several concerns to the Council about the property, including some repair issues.
12. From the Council’s records, it appears the Council acted as an intermediary between Miss X and her landlord to resolve repairs and issues about the rent.
13. Council officers visited Miss X several times. On one occasion, Miss X says the officers told her to take down two religious posters she had put up. Miss X says this was discrimination based on her religious belief.

Was there fault?

14. Section 149 of the Equality Act requires public authorities to comply with the public sector equality duty (PSED) to have due regard to the need to:
• Eliminate discrimination, harassment and victimisation
• Advance equality of opportunity between those who share a protected characteristic and those who do not
• Promote good relations between those who have a protected characteristic and those who do not.
15. Miss X told the Council the landlord had discriminated against her when she viewed the property. Council officers were also present at the viewing and did not think the landlord did or said anything offensive or discriminatory. She also says the landlord threatened to evict her.
16. The Council negotiated between Miss X and the landlord to aid securing the property. The Council says it has no financial or other interest with the landlord and would usually have no further involvement once a tenancy is secured. However, the Council remained involved in Miss X’s tenancy, supporting both Miss X and the landlord.
17. The Council departed from its usual practice in Miss X’s case. It says “there were some difficulties between Miss X and the landlord, and the Council has worked with them both in order to keep the tenancy secure for her.” This is in line with the PSED to promote good relations between those who have a protected characteristic and those who do not.
18. Therefore, I find no fault in how the Council addressed Miss X’s complaint about the landlord’s treatment of her.
19. Miss X says Council officers told her to remove two religious posters. One was in a communal area of the property, the other was in Miss X’s window, facing out into the street.
20. Although the Council’s intention may have been to promote good relations between Miss X and her neighbours, Article 1 Protocol 1 of the Human Rights Act says public authorities cannot interfere with a person’s property or possessions or the way they use them except in specified circumstances. Miss X also has protected rights to privacy and expression under Articles 8 and 10. Article 14 says the enjoyment of the rights and freedoms set forth in the Human Rights Act shall be secured without discrimination on any ground.
21. The Equality Act 2010 includes religious belief as a protected characteristic. This means Miss X cannot be treated differently because of her beliefs unless it is a proportionate means of achieving a legitimate aim.
22. The Council says it did not decide to ask Miss X to take the posters down. It says it merely passed on a request from Miss X’s landlord. However, this does not abrogate the Council’s duties under the Human Rights and Equality Acts. The Council should have asked itself whether it should pass on the landlord’s request in light of these duties.
23. An authority can restrict freedom of expression or use of property to protect the rights of others, however it must show the restriction is proportionate. There is no evidence the Council had due regard to these rights or considered the proportionality of the restriction when it asked Miss X to remove the posters.
24. Only a court can find that there has been a breach of human rights or the Equality Act. However, the Ombudsman can find a Council is at fault if it fails to have due regard to its legal duties under the human rights and equalities legislation.
25. In this case, I find the Council to be at fault. As a result, Miss X felt singled out because of her religious beliefs. This caused her distress and is an injustice. To remedy this injustice, the Council should apologise to Miss X and pay her £150.

Agreed action

26. To remedy the injustice to Miss X from the fault I have identified, the Council should:
• Apologise in writing to Miss X; and
• Pay her £150 in acknowledgement of her distress.
27. The Council should take this action within four weeks of my final decision.
28. In order to improve its service the Council should:
• Remind or provide training to relevant staff about the Council’s duties under the Equality Act and the Human Rights Act.
29. The Council should take this action within three months of my final decision.

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Final decision

30. I have completed my investigation. There is fault by the Council. The action I have recommended is a suitable remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman