Summary: We will not investigate this complaint about the Council’s handling of Ms X’s reasonable adjustments to the Alternate Dispute Resolution (ADR) scheme. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Ms X, says she advised the Council of her reasonable adjustments but that it discriminated against her by not making its ADR service accessible to her. She also complains about the way her complaint was dealt with.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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
• any injustice is not significant enough to justify our involvement, 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))

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How I considered this complaint

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

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My assessment

5. Ms X wanted to use the ADR scheme to resolve a dispute between her and a trader. She complained to the Council about its failure to make reasonable adjustments for her so that she could use the scheme.
6. There was delay to the Council responding to Ms X’s complaint. The Council apologised for this and said it should have kept her informed with a progress update. However, it explained the delay had been caused by it carrying out a review of the Equality Impact Assessment of its ADR scheme to make sure it had fully considered her concerns about reasonable adjustments.
7. The Council explained the scheme it provided and that it could not make any adjustments which would fundamentally change the nature of the service. However, it said it could allow someone to act on behalf of a person wishing to use the service. The Council also confirmed it would be willing to hear from her with details of how it could make its service more accessible to her.
8. While there was some fault by the Council, which it has acknowledged and apologised for, an investigation by the Ombudsman would be unlikely to add to that already carried out by the Council or lead to a different outcome. It is open to Ms X to provide the Council with further details of reasonable adjustments she wants it to make so she can use its ADR service.

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Final decision

9. We will not investigate Ms X’s complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman