Summary: We will not investigate this complaint about how Mr X’s reasonable adjustments were considered. There is not enough evidence of fault in how the Council considered Mr X’s request.

The complaint

1. Mr X complained the Council did not properly consider his request for reasonable adjustments.
2. Mr X said it caused distress.
3. Mr X would like the Council to consider his reasonable adjustment request and say why it had not responded.

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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

(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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X contacted the Council and asked it to make reasonable adjustments in how it communicated with him.
8. The Council considered his request and wrote to Mr X saying some of the adjustments were already in place. For those that were not, it explained why it would not agree to them.
9. Mr X complained that the Council had not considered his request under the Equality Act 2010 and it had not communicated its decision with him.
10. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.
11. The Council considered Mr X’s request for reasonable adjustments and wrote to him explaining which ones were already being met and which ones it did not agree to. In doing so, the Council took account of its duties under the Equality Act. Therefore, there is not enough evidence of fault in how the Council considered Mr X’s request to warrant an investigation.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault in how the Council considered his request for reasonable adjustments.

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Investigator's decision on behalf of the Ombudsman