Local Government Lawyer

 


The Parliamentary and Health Service Ombudsman (PHSO) has issued a warning that people with disabilities are being let down by public services due to “poor or inaccessible communications”.

The Ombudsman’s investigations, detailed in a new report, ‘Spotlight on accessible communication: your stories, your rights’, found instances where disabled people did not receive information in accessible formats, leaving them confused, distressed, and financially worse off as a result.

One case outlined how a disabled man missed out on £5,600 in employment grants because HM Revenue and Customs (HMRC) failed to return his calls for over a year.  

The Ombudsman said Elliott, who has dyslexia and ADHD, contacted HMRC to claim Self-Employment Income Support Scheme (SEISS) grants when he was unable to run his business because of COVID-19 restrictions. HMRC knew that Elliott needed support to use its services because it had been sending him audio documents instead of letters for several years.  

Elliott’s tax return was submitted late because of his disabilities which meant HMRC said he was not eligible for the grants. He asked HMRC to review its decision and explained that he could provide evidence of his disability over the phone, but not in writing. HMRC agreed to call him to discuss his claim. 

Over the following 14 months, Elliott contacted HMRC many times. The Ombudsman said he was repeatedly told he would be called back, but this never happened, despite HMRC knowing about his disabilities.

Instead, HMRC decided he was not eligible for the grants without speaking to him to hear his evidence. He was left without financial support for over a year.

As a result of the Ombudsman’s investigation, HMRC apologised to Elliott, paid him £1,500 to recognise the distress it had caused, and agreed to improve its service for people with communication requirements.

Another case in the Ombudsman’s report outlined how a deaf woman was given the wrong vaccination at a GP surgery because staff failed to provide a BSL interpreter.

Samantha, whose first language is BSL, attended the practice for a pre-booked flu vaccination, but instead was given the COVID-19 vaccination without her consent. 

She said there was no interpreter present, and staff attempted to communicate with her through her grandmother, without knowing whether she knew sign language. Staff also failed to show her the NHS COVID-19 vaccination video which explains the vaccine and possible side effects in BSL. 

Following an investigation by the Ombudsman, the practice outlined how it will improve its service for patients with different communication needs. 

In light of the report’s findings, the Ombudsman warned that listening to patients and service users is “essential to preventing harm”.

Rebecca Hilsenrath KC (Hon), Chief Executive at PHSO said: “Good communication is fundamental to safe and effective public services. Yet for too many people, public services are falling short.  

“When people feel they are not listened to and that their needs are not met, they lose trust in the very services designed to support them. 

“At worst, failures in communication can make services unsafe and cause serious harm if people are unable to understand information and advocate for themselves."

Hilsenrath added: “Public services have a duty to communicate clearly in a range of formats to meet the needs of people who use their services. This must be consistently built into service delivery. Organisations must listen to people who use their services and make improvements so that services are inclusive, safe and effective for everyone.”

Lottie Winson

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