The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council responded to the complainant’s request for a reasonable adjustment regarding use of a swimming pool. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mx A complains about the Council’s response after they requested a reasonable adjustment to help them use the swimming pool in the leisure centre. Mx A says the Council should be more flexible. Mx A wants an apology and compensation for the time they were excluded.
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 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)) 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.
How I considered this complaint
I considered information provided by Mx A and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Mx A asked the Council to allow them a private lane to swim in for one hour each week at a time of their choosing. Mx A expressed a preference for Wednesdays at 4pm. Mx A’s request was linked to a need arising from a medical condition.
The Council offered Mx A sole use of a lane at 11am at no extra cost. It also presented other options such as hiring a lane, and times when the pool is quieter. The Council explained why it could not agree to the request for a private lane at the time of Mx A’s choosing; for example, it explained why it could not agree to this during peak times.
The Council told me Mx A has been swimming at 11am in a private lane. The Council also said the centre will offer alternative times during the summer if there are other activities which mean the usual arrangement cannot be maintained. The Council told me it has not banned or excluded Mx A from using the pool.
Mx A says the arrangement means they cannot be flexible and there may be occasions when they cannot make that set time.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Councils are required to comply with the Equality Act to make reasonable adjustments to help people with protected characteristics access goods and services. We cannot say if a council has breached the Equality Act, but we can consider if a council has had due regard to its duties. In this case, while the Council did not agree to the exact detail of Mx A’s request, it offered an adjustment and explained why it could not offer exactly what they wanted. It also offered suggestions and other options. I appreciate Mx A thinks the adjustment is inadequate, but I have not seen any fault in the way the Council responded. If Mx A thinks the Council has breached the Equality Act, then this is a matter they would need to take to court.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman