Summary: Mr X complained about the Council’s decision to install digital screens in its town centre. He says it breached its duties under the Equality Act 2010 which has impacted his access to the town centre and public transport. We find no fault with the Council’s decision-making.

The complaint

1. Mr X complains about the Council’s decision to install digital screens in the town centre. Specifically, he complains the Council:
1. Failed to take account of its duties under the Equality Act 2010; and
2. Did not handle his complaint properly.
2. Mr X says this has impacted his access to the town centre and public transport. He complains this may impact his freedom in future. He says the Council’s handling of his complaint has caused him unnecessary and avoidable stress.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered the information and documents provided by Mr X and the Council. Mr X and the Council had an opportunity to comment on a draft of this decision. I have considered all comments received before making this final decision.
6. I also considered the relevant statutory guidance, as set out below.

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What I found

What should have happened

7. The Equality Act 2010 provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It offers protection, in employment, education, the provision of goods and services, housing, transport and the carrying out of public functions.
8. The Equality Act makes it unlawful for organisations carrying out public functions to discriminate on any of the nine protected characteristics listed in the Equality Act 2010. They must also have regard to the general duties aimed at eliminating discrimination under the Public Sector Equality Duty.
9. The ‘protected characteristics’ referred to in the Act are:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race;
• religion or belief;
• sex; and
• sexual orientation.

10. The Public Sector Equality Duty requires all local authorities (and bodies acting on their behalf) to have due regard to the need to:

• eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010; and
• advance equality of opportunity between people who share a protected characteristic and those who do not.

11. The broad purpose of the Public Sector Equality Duty is to consider equality and good relations into the day-to-day business and decision making of public authorities. It requires equality considerations to be reflected into the design of policies and the delivery of services, including internal policies, and for these issues to be kept under review.
12. Indirect discrimination may occur when a service provider applies an apparently neutral provision, criterion or practice which puts persons sharing a protected characteristic at a particular disadvantage.

What happened

13. Mr X has a disability with symptoms which are triggered by exposure to digital screens. The Council is aware of his disability.
14. In November 2023, Mr X contacted the Council requesting a copy of its equality impact assessment for its decision to add digital screens to its town centre. The Council told Mr X it had not completed an equality impact assessment.
15. In December, Mr X requested the Council complete an equality impact assessment. The Council declined Mr X’s request.
16. In February 2024, the Council told Mr X it had checked with the providers and the digital screens had been designed, manufactured and constructed to the correct industry standards and met the regulations for illuminated advertising. It told Mr X it would consider his comments in any future reviews of the contract with the digital screen providers.
17. In March, Mr X made a formal complaint. In the Council’s final response, it told Mr X it did not have a statutory duty to complete an equality impact assessment. It told him it was satisfied both the free-standing screens and those installed in bus shelters across the town centre met the correct standards. It sent Mr X the locations of its digital screens and offered to support Mr X with a personalised travel plan to avoid areas with digital screens.
18. Mr X has not yet pursued the Council’s offer of a personalised travel plan.

Analysis

19. An equality impact assessment is a tool used by organisations to help make sure their policies and practices are fair and do not disadvantage people with protected characteristics. There is no statutory requirement for the Council to have completed an equality impact assessment in its decision-making process. The assessment was not mandatory so I cannot find fault with its decision not to complete one.
20. Mr X says the Council has not considered his disability in its decision to install digital screens. The Council checked the screens installed by its contractors and is satisfied they meet the correct standards and regulations. Mr X says screens meeting the correct standards and regulations still trigger his disability. He says the Council’s decision to install any digital screens discriminates against him.
21. The Council provided Mr X with the locations of its digital screens on bus stops, checked with details of the screens with the provider and offered to support Mr X to find alternate travel plans. It is Mr X’s choice whether to pursue the Council’s offer of support. I am satisfied the Council has taken account of its duties under the Equality Act 2010.
22. Mr X complains the Council’s final response to his complaint wrongly said his complaint was only about new digital screens at bus stops, rather than the increase in digital screens in the town centre. The Council’s final response says it checked the standards and regulations of both its free-standing digital screens and those installed at bus stops. Therefore, I am satisfied the Council has addressed the entirety of Mr X’s complaint.
23. It is unfortunate Mr X does not agree with the Council’s response to his complaint, however this does not amount to fault.

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Final decision

24. I have completed my investigation. I find no fault with the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman