Overview:

Key to names used

Mr X The complainant

Summary

The Equality Act 2010 requires those who provide services to the public to consider making reasonable adjustments for individuals with disabilities. Mr X has a disability, and in an investigation we completed in April 2021 we found fault in the way the Council dealt with him. We recommended a remedy because the Council had no system in place to show it: asked individuals about whether reasonable adjustments for disabilities were needed to allow access to its services; considered requests for adjustments and decided what changes would be reasonable for it to make; kept records of its decisions, so that its officers are aware of adjustments they needed to make; We found fault and the Council agreed to carry out our recommendations, but it did not carry out all of them. The Council did eventually provide us with details of its new policy, but this took more than a year to arrive and only happened after frequent and numerous reminders. Despite further reminders, the Council has not yet provided evidence that it has complied with the remaining recommendations. We still have no evidence to show: the Council has a system to keep records of its decisions on reasonable adjustments; and its officers are aware of the Council’s legal obligations and act in accordance with them. As a result, we have decided to use our powers to issue this public interest report for the Council’s non-compliance with our recommendations.

Finding

There is fault because the Council did not provide evidence that it had carried out all the recommendations it agreed with the Ombudsman in April 2021 (reference: 20011938).

There is also fault in unreasonable delay by the Council in providing us with details of its new policy on reasonable adjustments for disabled service users.

The faults we found are likely to cause significant injustice to a vulnerable section of the public. To avoid further injustice, the Council should act without further delay.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended).

Within three months from the date of this report, the Council should provide us with evidence to show that:

• it has implemented its new policy on reasonable adjustments for disabled people;

• it now keeps adequate records relating to decisions on reasonable adjustments for disabled service users; and

• its officers are aware of the Council’s new policy and its legal obligations under equalities legislation.

Ombudsman satisfied with Council's response: 5 December 2022.

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