Summary: Mr X complained the Council had not made reasonable adjustments for him. Mr X said he is unable to report concerns due to the Council’s actions. The Council was at fault for not considering its duties under the Equality Act 2010. This caused Mr X uncertainty. The Council will ask Mr X if he needs any reasonable adjustment and then consider if any request is reasonable. It will also issue guidance to its staff.

The complaint

1. Mr X complained the Council:

• Unreasonably issued a section 215 notice against him (see paragraph 12 for details of what this notice is);
• Destroyed evidence by deleting mailboxes of staff which leave the Council’s employment; and
• Insists reports of breaches of planning control are made on its website or a specific form.

2. Mr X said he is unable to report concerns due to the Council’s actions.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We cannot question whether a Council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. If we are satisfied with a Council’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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What I have and have not investigated

6. I have investigated Mr X’s complaint about how the Council considered its duties to consider reasonable adjustments.
7. I have not investigated any reference to the Council issuing a section 215 notice. Mr X had an appeal right to the magistrate’s court and it is reasonable for him to use this right.
8. I have not investigated any reference to the Council deleting officer mailbox after they leave the Council. This is a matter for the information Commissioner’s Office (ICO) and it was reasonable for Mr X to raise this with the ICO.

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How I considered this complaint

9. I read Mr X’s complaint and spoke to him about it on the phone.
10. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
11. Mr X and the Council had an opportunity to comment on my draft decision. I considered their comments before making this final decision.

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What I found

Background information

12. Section 215 in the Town and Country Planning Act 1990 “if it appears to the local planning authority that the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of land in their area, they may serve on the owner and occupier of the land a notice under this section.”
13. The Council planning enforcement plan said a complainant would need to submit a complaint. It confirmed a complainant should do this online or the Council could send a form in the mail for a complainant to complete or report the concern on the telephone.
14. Under the Equality Act 2010, councils have a legal, anticipatory duty to make reasonable adjustments when actions place disabled people at a substantial disadvantage. This requires proactively removing barriers, not just reacting to issues. 

What happened

15. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
16. Mr X has made several complaints to the Council regarding planning matters. Due to the level of communications, the Council restricted Mr X’s contact, limiting him to two emails a week to a single point of contact. The Council would not accept telephone calls from Mr X. In October 2024, the Council agreed to send Mr X information in the post because he could not access links in emails.
17. In November and December 2024, Mr X reported a decline in his health and the use of his hands.
18. The Council issued a section 215 notice on Mr X’s property in February 2025. Soon after the notice, Mr X sent seven emails over four days reporting issues at several Council owned sites.
19. At the end of February 2025, the Council told Mr X he needed to complete a planning enforcement report. The Council said he could either fill out the form online, complete one of the forms it previously sent in the post or it could send another.
20. Mr X complained the following day. He complained about the Council deleting emails, issuing the section 215 notice and refusing to deal with complaints unless reported on its website.
21. The Council issued its complaint response in April 2025. The Council directed Mr X to its policy for reporting planning concerns. The Council said it offered to send copies of the forms in the post as it had previously done or provide a copy at its offices. The Council did not uphold Mr X’s complaint.
22. Mr X disagreed with the complaint response and asked the Council to escalate his complaint to stage two a week later.
23. The Council issued its stage two response in May 2025. The Council said Mr X did not give any information in the stage two request and signposted him to the Ombudsman.
24. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to allow reports in any format.
25. In response to my enquiries the Council stated it needed reports to be focussed only on the issue being complained about. It said it would agree to send a template for Mr X to provide the information in an email. The Council also agreed to amend the controls on Mr X’s contact, allowing him to report concerns on the telephone for an officer to complete the online form.

My findings

26. As set out in paragraph 14, the Council has an anticipatory duty to make adjustments if it knows a complainant has a disability and is put to a significant disadvantage. The Council should consider any request for an adjustment. It is for the Council to decide if any request is reasonable.
27. Mr X complained the Council did not take his complaints by email and instead either directed him to its online complaint form or to complete a paper form. Mr X said he could not use the online form because of difficulties using technology. The Council previously agreed to send Mr X paper copies of the reporting form and offered to print a copy for him to collect.
28. Mr X has not asked for a reasonable adjustment. He reported issues with his hands. While Mr X did not ask for a reasonable adjustment, the Council has an anticipatory duty. When Mr X reported explained the problems he had using his hands, the Council should have asked Mr X if he would like to request any reasonable adjustments. The Council should have then considered if the request was reasonable and if it would make any adjustments. The Council did not do this. This is fault.
29. As I cannot say if the Council should have made adjustments, or what any adjustments may have been, I cannot say not having an adjustment caused Mr X any injustice. However, the Council fault caused Mr X uncertainty.

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Action

30. To remedy the outstanding injustice caused to Mr X by the fault I have identified, the Council will take the following action within 4 weeks of this final decision:
• Ask Mr X if he needs a reasonable adjustment. Consider if any request is reasonable and if it is, make suitable adjustments.
• Remind officers of the Council’s anticipatory duty to make reasonable adjustments under the Equality Act 2010.
31. The Council will provide us with evidence it has complied with the above actions.

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Decision

32. I have found fault by the Council, which caused injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman