Summary: We will not investigate Ms X’s complaint the Council has failed to comply with her reasonable adjustments as it has not sent her documents on a USB memory stick as agreed. This is because there is insufficient evidence of fault. In addition, there are no worthwhile outcomes achievable from an investigation.

The complaint

1. Ms X says the Council failed to comply with her reasonable adjustments as it has not sent her documents on a USB memory stick as agreed.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X is blind and asked the Council to provide documents and correspondence on a USB memory stick. The Council had agreed to this as a reasonable adjustment.
6. The Council said it posted Ms X USB sticks in October and November 2023, and January and March 2024. The Council provided evidence these were sent using recorded delivery and that someone had signed for the delivery in March 2024.
7. Ms X raised a complaint in May 2024 about the Council’s failure to send the USB sticks. In her complaint, Ms X told the Council she no longer wished to receive USB memory sticks.
8. In its complaint response, the Council noted it no longer considered USB memory sticks to be a viable or consistent means of providing documents to Ms X given the frequent issues she had experienced and because the process to produce the format was highly time intensive for the Council.
9. As an alternative, the Council offered to increase Ms X’s direct payment to allow her to employ a personal assistant. The personal assistant would be responsible for relaying the information or communication she received. The Council also offered for Ms X to trial alternative forms of equipment which can aid Ms X in receiving information more easily.
10. The Council met with Ms X to discuss its final complaint response and the alternative options proposed to provide her with information in a way that was accessible to her.
11. An investigation is not justified as we are not likely to find fault. The Council has provided evidence that it had offered alternative options to Ms X to enable her to receive information, including assistive technology and an increase of direct payments to employ a personal assistant. While it doesn’t appear Ms X accepted the options offered, the evidence I have seen shows the Council properly considered its duties to make reasonable adjustments under the Equality Act 2010.
12. Further, as Ms X told the Council she no longer wished to receive USB memory sticks, it was understandable the Council stopped sending her documents in this format.
13. If Ms X considers the Council’s offered adjustments do not go far enough or that it failed to make reasonable adjustments, she would need to challenge this in court. This is because the Ombudsman cannot make any finding that the Council has breached the Equality Act.
14. The Council also confirmed in response to our enquiries that it had since procured a new contract to provide information in different accessible formats and that it would speak with Ms X to see if she wished to progress with this and what her favoured option would be. I am satisfied this is an appropraite outcome and it is reasonable to allow the Council the opportunity to discuss the available options further with Ms X. Therefore, an investigation is not justified as there are no worthwhile outcomes achievable.

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Final decision

15. We will not investigate Ms X’s complaint because there is insufficient evidence of fault. In addition, there are no worthwhile outcomes achievable from an investigation.

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Investigator's decision on behalf of the Ombudsman