Summary: We will not investigate Miss X’s complaint that the Council failed to make reasonable adjustments around accessing one of its Household Recycling Centres. Nor will we investigate Miss X’s complaint the Council threatened to remove her larger refuse bin when she complained, sent her too many communications and failed to carry out an equality impact assessment. There is not enough evidence of fault to justify an investigation.

The complaint

1. Miss X complained the Council:
2. failed to make reasonable adjustments (RAs) around accessing one of its Household Recycling Centres;
3. threatened to remove her larger refuse bin when she complained;
4. bombarded her with emails and telephone calls which she could not process; and
5. failed to carry out an equality impact assessment (EIA) or consultation.
6. Miss X says she feels bullied and excluded.
7. She would like the Council to apologise, make the RAs she wants and compensate her for the anxiety, stress and exclusion she says she has experienced.

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The Ombudsman’s role and powers

8. 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 or continue an investigation if we decide:
• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
9. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.
10.  

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How I considered this complaint

11. I considered information provided by the complainant.
12. I considered the Ombudsman’s Assessment Code.

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My assessment

13. The Council has an online/telephone advance booking system for people wanting to use any of its Household Recycling Centres. People can make up to 4 visits every 14 days.
14. Miss X complained because she said her disabilities meant she was unable at times to access the online service or phone to make a booking. She also said her disabilities fluctuated which meant she could not ensure she was able to go through with any booking she made.
15. Miss X said she wanted the Council to introduce a different system for her and other disabled people so they did not have to make an advance booking and were not limited to the number of visits they could make. The Council refused and suggested other RAs as an alternative. Miss X did not agree to them and complained.
16. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Councils are required to comply with the Equality Act to make RAs to help people with protected characteristics access goods and services. We cannot say if a council has breached the Equality Act, but we can consider if a council has had due regard to its duties.
17. In this case, while the Council did not agree to the RAs Miss X’s requested, it offered alternative adjustments and explained why it could not offer what they wanted. It also offered suggestions and other options.
18. I appreciate Miss X thinks the alternative adjustments are inadequate, but I have not seen any fault in the way the Council responded. If Miss X thinks the Council has breached the Equality Act, then this is a matter they would need to take to court.
19. Miss X also complained the Council threatened to remove her larger bin. I have seen the correspondence with Miss X. The Council explained it failed to send her a form in 2022 asking if she still needed the larger bin and, if yes, the reasons why. The Council said that when she received the form at some point in the future, it was important for her to complete it otherwise she would be in danger of losing her larger bin. This was appropriate advice to give and there is not enough evidence of fault to investigate.
20. Miss X complains the Council failed to carry out an EIA or consult with people over the management of the recycling centres. The Council’s website has a link to an EIA which assessed various aspects of the management of the centres, including the booking system and its impact on disabled people. It also provided details of the consultation it carried out. There is not enough evidence of fault to investigate.
21. Lastly Miss X says the Council bombarded her with emails and phone calls. I can see no evidence of this. The Council had an obligation to respond to Miss X’s emails and other communications and it did so. There is not enough evidence of fault to investigate.

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Final decision

22. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman