Summary: We will not investigate this complaint about failing to make reasonable adjustments under the Equality Act 2010 for the removal of household waste. This is because there is not enough evidence of fault by the Council; it has provided adjustments it considers reasonable. We cannot question or criticise that decision, even though the complainant thinks it should provide different adjustments.

The complaint

1. Ms B says the Council failed to make reasonable adjustments under its Equality Act duties. Ms B says the Council failed to treat her request for an extra waste bin as a disability related need. The Council also failed to provide flexible access to the waste recycling centre. Ms B says the Council has charged for the extra bin which causes financial strain. The Council actions cause unnecessary stress on top of caring responsibilities. Ms B is finding it hard to manage the excess waste, is worried about hygiene, and says the Council actions are declining her mental and physical health.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. The reasonable adjustment duty is set out in the Equality Act 2010 and applies to any organisation which carries out a public function. It aims to make sure that a disabled person can use a service as close as it is reasonably possible to get to the standard usually offered to non-disabled people.
7. Service providers are under a positive and proactive duty to take steps to remove or prevent obstacles to accessing their service. If the adjustments are reasonable, they must make them.
8. The Council has considered the adjustments Ms B has asked for and explained why it does not consider they are reasonable and why it will not therefore make them. The Council explains it has already adjusted its service.
9. The Council has provided Ms B with a free extra waste bin so considers the further extra bin is chargeable. The Council has provided an adjustment for using the waste recycling centre, whereby Ms B does not have to stick to the booked timeslot but can visit any time on the booked day. The Council considers allowing flexibility to visit at any time on the booked day gives Ms B an equal opportunity to use the facilities as other residents.
10. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has considered its duties and the information Ms B has put forward, to make its decision. The Council has provided adjustments it considers are reasonable. I understand Ms B disagrees and is concerned by her household waste. However, this is not evidence of fault in the Council’s decision or the way it has investigated.

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Final decision

11. We will not investigate Ms B’s complaint because there is not enough evidence of fault by the Council. We cannot question or criticise its decision, even though Ms B strongly disagrees with it.

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Investigator's decision on behalf of the Ombudsman