Summary: We will not investigate Ms X’s complaint that the Council failed to make reasonable adjustments when she requested works to her beach hut be permitted to allow her better access.

The complaint

1. Ms X complains the Council refused her request for various works to be carried out to her beach hut.
2. Ms X says she requires these works because of her disability and so the Council’s refusal is, in effect, a refusal to make reasonable adjustments. She says this is a breach of its Equality Act duties.
3. Ms X wants her request to be reconsidered, an apology and compensation.

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The Ombudsman’s role and powers

4. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. 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.
8. Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.
9. Ms X was able to request a review of the Council’s original decision through the Council’s complaints process.
10. The Council complaint responses demonstrate it considered Ms X’s request for works to be carried out to her beach hut. It explained why it would not make or allow the works at present. Its explanations demonstrated it had due regard for Ms X’s disabilities even though it would agree to what she requested. Therefore, there is not enough evidence of fault in the Council’s actions.
11. If Ms X considers there has been a breach of the Equality Act, then she should apply to the courts for a decision. We do not have the power to do so.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman