Ombudsman in Wales criticises public bodies over failure to align service delivery with duties under equalities legislation

Public bodies in Wales have failed to consistently align service delivery with their legal duties under equalities and human rights legislation, Public Services Ombudsman for Wales Michelle Morris has said.

In a review of the causes of difficulties in accessing public services, her report, titled Equality Matters, said key issues raised included lack of reasonable adjustments for people with needs such as learning disabilities, severe mobility issues, or autism and dyslexia.

There were also cases of poor communication with people who have language needs or sensory loss. 

Morris found cases where public bodies’ service delivery policies were out of step with their legal duties under equality and human rights legislation, though also highlighted examples of good practice where public services met equality and human rights standards. 

She said: “While we do not determine breaches of human rights or equality duties, our findings highlight areas where equality and fairness can be strengthened.” 

Morris added: “However, some equality and human rights themes continue to appear in our casework, despite being previously highlighted.

“This is why, this year, we have changed the format from a casebook to a thematic report. By addressing systemic issues and learning from positive examples, we aim to ensure fair treatment for all." 

Among her recommendations were that staff should be encouraged to be ‘person centred’ when considering the needs of service users, and should document their considerations and decisions on making reasonable adjustments under the Equality Act.

Staff should also receive appropriate training, be aware of policies and how to implement them, and feel supported when taking decisions on the need for reasonable adjustments.

Morris said her report should be sent to each organisation’s equality, diversity and inclusion lead and those with oversight of their organisation’s compliance with equality duties.

Mark Smulian