Learning Disability Today
Supporting professionals working in learning disability and autism services

Majority of Ombudsman Equality Act complaints are reasonable adjustment failures

Local authorities across England need to ensure disabled people are at the heart of how their services operate, so nobody in their community is placed at a disadvantage, according to a new Local Government and Social Care Ombudsman (LGSCO) report.

The Ombudsman’s latest report shares the learning from its investigations to help councils, and other local services, meet their legal duties to ensure everyone has an equal opportunity to access their services, whatever their needs.

It identifies a number of positive steps councils can make to improve services, including reviewing staff training needs around the Equality Act 2010, incorporating Equality Act duties in contracts when commissioning services from external suppliers, and retaining alternative contact methods for people with alternative needs when moving services online.

The report also states it is vital for local authorities to anticipate people’s needs and make reasonable adjustments as the law requires, and proactively ask sensitive questions about any help people may need.

Majority of Ombudsman’s complaints are about reasonable adjustments

It found that the majority of the Ombudsman’s investigations into Equality Act duties are about councils, and other local services, failing to deal properly with reasonable adjustments. The report highlights a number of cases where local services have got things wrong, and offers opportunities for others to learn.

Cases in the report include a council failing to make adjustments to the way social workers communicated with a woman with mental health difficulties, not allowing a man with dyslexia the opportunity to challenge a parking fine over the telephone, not providing an advocate for a woman when she told officers she could not attend a meeting because of problems with her medication, and a school that was only accepting written admission appeals for a time.

Local councillors and members of scrutiny committees are also provided with a list of questions they can ask their authorities to consider to analyse whether services in their wards meet their legal obligations.

Michael King, Local Government and Social Care Ombudsman, said: “We know dealing with public services can often be complex, so it is vital local service providers put the needs of people with disabilities at the heart of any decisions about how services are designed and delivered. It is not enough for them to leave this as an add-on or an afterthought – and enabling people with different needs to access their services shouldn’t be seen as an inconvenience.

“If people feel they have not had their reasonable adjustments met, they need to tell their local authority, and then come to us if they do not put things right. The stories in this report show that just one complaint to us has the power to make a huge difference. If we find a council has made a mistake, we can recommend changes that can impact everyone in their area and share that learning for other councils and providers to act on.

“I would urge local authorities to read my report and consider whether any of the services they provide are putting people with disabilities at a disadvantage.”

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