Reasonable Adjustments Policy
Summary
Our aim is to ensure that our customers find it easy to communicate with us and our customers all have equal access to our services and information.
We have a duty to make reasonable adjustments for disabled people under the Equality Act 2010 and we recognise that individuals have different needs.
If an individual has a disability the Property Ombudsman can help them by making adjustments to remove or reduce any barriers they may face in accessing our services.
This policy applies to all the Property Ombudsman’s customers.
How do you ask for help?
Please let us know as soon as possible if you need us to make any adjustments for you and how we can help you. For a copy of this policy in an alternative format or further information, please contact media@tpos.co.uk.
Our policy
The Property Ombudsman is committed to providing excellent customer service to Consumers and property Agents that are registered with or are members of the Scheme.
This policy does not seek to explain how we will approach every situation, it is intended as a general statement of our policy to:
- confirm our commitment to improving accessibility for everybody that we deal with;
- set out some of the basic principles of our legal duty to provide reasonable adjustments for disabled people; and
- set out the factors that we will consider when dealing with requests for reasonable adjustments.
Many of the arrangements that we offer for disabled people may also be made available for those who don’t have disabilities. For example, a person may find it easier to read our information leaflets in a larger than usual font.
What is a reasonable adjustment?
A reasonable adjustment involves making a change to the way that we usually do things to remove or reduce any barriers faced by disabled individuals in accessing our services. This may involve changing our usual practice if we find it places disabled people at a substantial disadvantage. For instance, by providing information in an alternative format or allowing more time for the provision of information, where we are able to do so.
The adjustments we will make will depend on each individual’s needs and circumstances. We will not make assumptions about whether a disabled person requires any adjustments or about what those adjustments should be. We will discuss the requirements with the person concerned and seek to reach agreement on what may be reasonable in the circumstances.
Our legal duty to make adjustments for disabled people
The Equality Act 2010 requires us to provide reasonable adjustments for disabled people, defined by the Act as those who have a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to- day activities.
In our role as a provider of Redress against Property Agents we are acting as a service provider. Therefore, we have a duty to make adjustments if the way that we carry out this function places a disabled person at a ‘substantial disadvantage’ compared to someone who is not disabled.
The duty also requires us to consider what can be done to overcome any such disadvantage, and whether an adjustment can be made which is reasonable in all the circumstances of the case.
Requesting reasonable adjustments
It is important that our customers are aware of our ability to make reasonable adjustments to ensure that these can be implemented as soon as possible where needed. We raise awareness of our duties in relation to reasonable adjustments in the following ways:
- by including a paragraph in written communications (eg. acknowledgement letters)
- by including a note on our published documents indicating that we can provide the document in an alternative format on request;
- by publishing this policy on our website;
- by including a clear note on our internal records, that alerts staff to an agreed reasonable adjustment.
What reasonable adjustments can we make?
We will try to find a way to reduce or remove any disadvantage individuals may face in accessing our services because of a disability. While we will consider each request for reasonable adjustments individually, there are some common adjustments which we will offer as a matter of course and some other adjustments that we can make particular arrangements to provide.
Some examples of the simple reasonable adjustments that staff can make may include:
- providing information in a format which is easier for the individual to read, for example in large font or on coloured paper
- allowing a person more time than would usually be allowed to provide further information, where we are able to do so
- using an individual’s preferred way of communication, for example by email or via telephone
- speaking clearly to the people who we deal with and offering additional time to cover the issues they need to discuss; this will help everyone understand our processes and procedures
- using plain English appropriate to the person we are dealing with and avoiding jargon
Some other arrangements that we can provide may include:
- providing information on audio tape
- translating documents or correspondence into Braille
- communicating with people through their chosen representative if requested and approved by them
- helping someone to understand and manage the action we are taking by arranging a single point of contact within the Property Ombudsman
A small number of requests may require more detailed consideration and our approach to these requests is discussed in the section below.
Our response to requests for reasonable adjustment
In most cases, we will be able to agree and deliver reasonable adjustments with a minimum of delay.
In some cases, we may need to consider in more detail how best to overcome the difficulty a disabled person may be experiencing. For example, where the adjustment requested may be difficult to provide. In these circumstances we may need to ask individuals for further information about what they need before we can make appropriate adjustments.
In most cases, we will not need to see medical evidence. If we consider this is necessary we will request medical evidence from you and explain why we consider this is required.
How we decide what is ‘reasonable’
The Equality Act does not define what is ‘reasonable’ but when making decisions we follow the guidance from the Equality and Human Rights Commissions which suggests that the most relevant factors are:
- The effectiveness of the adjustment(s) in preventing the disadvantage
- The extent to which it is practical for the Property Ombudsman to make the adjustment(s)
- The cost and availability of resources, including external assistance and finance
- The extent to which making the adjustment(s) would disrupt our activities.
We therefore consider each request for adjustment individually, taking into account the following factors:
Will the adjustment be effective?
The aim of adjustments is to address disadvantages faced by disabled individuals. We therefore firstly consider whether the requested adjustment will be effective in practice to reduce or remove the disadvantage.
What are the resource implications of making the adjustment?
We then consider whether the requested adjustment is reasonable. This means we need to consider how practical it is for us to make the adjustment. For example there may be issues around resourcing. Resourcing is not just about the cost but may involve other factors, for example recruiting additional staff with specific skills.
In terms of the use of our resources for making adjustments, the ‘reasonableness’ of an adjustment will be evaluated against the resources available to the Property Ombudsman as a whole.
Where an adjustment has a significant cost associated with it we will provide careful consideration to whether this could be reasonably provided, including considering any long-term benefit that it may provide to the Property Ombudsman, our staff and customers.
In practice, many reasonable adjustments involve little or no cost or additional resourcing requirements and are relatively easy to implement.
Would the adjustment cause disruption to others?
For example, it would not usually be reasonable for an Adjudicator to cease work on other cases and devote all their time to one person, as others will inevitably suffer. The amount of extra time provided must therefore be ‘reasonable’ in all the circumstances.
Would the adjustment fundamentally change our responsibilities as an ombudsman?
We will not be able to agree an adjustment that fundamentally changes our responsibilities or powers as an ombudsman. For example, it may not be possible to provide additional time to individuals if there are legislative deadlines to meet.
Monitoring
The Property Ombudsman records and monitors the reasonable adjustments that have been requested and made. This allows us to review the services we provide on an individualised basis and, in anonymised form, may be used to help us identify whether there are any wider steps we can take to improve our services.
Dealing with complaints about our service
We are committed to providing a high standard of service, dealing with everyone in a way that is fair and free from discrimination. If someone is dissatisfied with the arrangements we have made for providing reasonable adjustments, we will respond in accordance with our service complaints policy.
For further information, please read our service complaints policy.