The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s considerations relating to a request for a reasonable adjustment. There is no evidence of fault.
The complaint
Mr and Mrs X complained, because the Council declined to make a reasonable adjustment, wholly in line with their request, during a time when the Council were carrying out a statutory investigation.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by the complainants and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council recently contacted Mr and Mrs X during a statutory investigation. It highlighted it needed to speak to them both together and then independently. Mr X said he needed to be present at all times, when the Council spoke to Mrs X, and he asked for the Council to consider this as a reasonable adjustment. Mr X gave the Council reasons why he believed this was necessary.
The Council declined and gave reasons why it could not agree to Mr X’s request. It also made an offer of an independent advocate, which it said would support Mrs X’s needs for additional support.
On the evidence I have seen, there is no evidence of fault in the Council’s consideration of Mr X’s request, and the arrangements it considered suitable to reasonably meet that request. Furthermore, the Council’s decision on the necessity to speak to Mrs X independently in any case was not an unreasonable one to make.
Final decision
We will not investigate Mr X’s complaint because there is no evidence of fault.
Investigator's decision on behalf of the Ombudsman