Summary: We will not investigate this complaint about the Council’s failure to consistently make reasonable adjustments for the complainant’s disability. This is because the Equality and Human Rights Commission is better placed to deal with the matter.

The complaint

1. The complainant, I shall call Ms X, complains the
2. Council has failed to consistently make reasonable adjustments by using large print when writing to her about a variety of matters.
3. Ms X has asked for a larger financial payment than the Council has offered in recognition of the distress this has caused.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government
5. Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by Ms X, including the Council’s response to her complaint.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council accepts it has not always used large print when writing to Ms X on different matters. It recognises this a breach of its duties under the Equality Act 2010. Its complaint adjudicator has recommended the Council:
• pays Ms X £50 in recognition of the avoidable distress, time, and trouble this has caused
• considers introducing a “Tell us Once” service to enable people to ask for a reasonable adjustment once, with the request being actioned by all its services; and
• reminds all staff of the need to comply with requested reasonable adjustments when communicating with the public

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Final decision

9. We will not investigate Ms X’s complaint because her injustice flows from the way the Council failed to consistently meet her requests for reasonable adjustments. This is a matter which is more appropriate for consideration by the Equality and Human Rights Commission.

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Investigator's decision on behalf of the Ombudsman