Summary: We will not investigate this complaint about the Council’s failure to make a reasonable adjustment Miss X requested on behalf of her child Y. This is because an investigation would be unlikely to result in a different outcome.

The complaint

1. Miss X complained the Council failed to make a reasonable adjustment for her child Y.

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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:

• 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))

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How I considered this complaint

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

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My assessment

5. Miss X’s child Y has special educational needs (SEN) and until recently was benefitting from 1:1 swimming lessons at a Council leisure centre.
6. Miss X complained that Y was no longer able to access the lessons because other people had begun using the pool at the same time and this caused Y considerable distress.
7. Miss X asked for the Council to provide a weekly thirty-minute session where Y could use the pool with no other swimmers present as a reasonable adjustment. She also complained that no one alerted her to the fact another person would be using the pool at the same time as Y’s lesson.
8. The Council apologised and provided Miss X with a credit for the disrupted lesson. The Council confirmed it had spoken with the leisure centre manager and could not guarantee a completely private pool as this would disadvantage the other children with SEN who needed 1:1 lessons, but offered for Miss X to come to a meeting to discuss adjustments it could make to allow Y to continue accessing the pool. The Council also agreed to inform Miss X if there would be other users in the pool during Y’s lessons. Miss X declined to meet with the Council.
9. Miss X remains unhappy that the Council could not provide the reasonable adjustment she requested. The evidence shows the Council has considered Miss X’s request, explained why it is unable to guarantee an empty pool, offered alternatives by offering to meet with her to discuss adjustments it can make to allow Y to continue enjoying the lessons and agreeing to let her know if other people will be in the pool during Y’s lessons in future. This is in line with what we would expect it to do. An investigation would therefore be unlikely to result in a different outcome.

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Final decision

10. We will not investigate Miss X ’s complaint because an investigation would be unlikely to result in a different outcome.

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Investigator's decision on behalf of the Ombudsman