Council more than decade late in implementing policy needed to be compliant with Equality Act, Ombudsman finds

Ribble Valley Borough Council took more than ten years to set out how it makes adjustments to its services for disabled people, an investigation by the Local Government and Social Care Ombudsman has found.

Following a complaint to the Ombudsman in April 2021, the Lancashire authority agreed to the Ombudsman's recommendation to put a reasonable adjustments policy in place, in accordance with the Equality Act 2010. It agreed to do this by the end of July 2021, but despite the Ombudsman chasing 16 times for evidence, it still could not show it had implemented the policy until May 2022.

The April 2021 complaint was from a man with Post Traumatic Stress Disorder who told the council he struggled being visited by men in authority. In a dealing with the council, he asked the local authority to either send female officers or to let him know in advance if male officers were to visit his property so he could arrange support.

However, without warning, two male officers visited the man. When the man complained to the council, it said it was aware of his condition but had forgotten about it.

The Ombudsman's investigation found the council at fault and it should have a policy in place to check whether people have disabilities, show how they might accommodate any adjustments that might need to be made to enable people to access services and keep a record of those adjustments.

In light of the finding, the Ombudsman recommended the council implements effective policies to meet its obligations to disabled service users, keep adequate records, and make its officers aware of the council's obligations in relation to them.

The council's policy was finally produced in April 2022 and made public on its website the following month. However, the council could not provide the Ombudsman with evidence it now keeps adequate records, or that officers were made aware of what is expected of them.

Michael King, Local Government and Social Care Ombudsman, said that at no time in the investigation process did the council tell the Ombudsman it was struggling to comply with its recommendation because of the pandemic, "despite us checking whether this might be a factor".

"But it has now told us this was the reason for the delay," he said.

Mr King added: "We recognise COVID-19 has been a challenge for local authorities, but they have had a duty to ensure reasonable adjustments are made for its service users since the Equality Act 2010 came in, so it was disappointing to see that as late as 2021 the council still had no policy in place.

"The council's lack of urgency is likely to have had significant consequences for some of its most vulnerable residents over many years.

"I now expect the council to provide us with evidence it has carried out the agreed remedy without delay."

Ribble Valley Borough Council was one of few local authorities that failed to comply with the Ombudsman service improvement recommendations last year. In 2021, the Ombudsman made 1,848 such recommendations across all the organisations it looks at, with 99.7% of the councils complying.

The Ombudsman has now issued guidance to councils on making reasonable adjustments for people with disabilities.

Marshal Scott, Ribble Valley Borough Council chief executive, said: "We accept the Ombudsman's findings and have put policies in place in accordance with the Equality Act 2010. 

"We have made reasonable adjustments to facilities and services for disabled residents on numerous occasions over the years and are disappointed to have got it wrong on this occasion."

Adam Carey