SPSO (Scottish Public Services Ombudsman) Not Upheld

Oak Tree Housing Association Ltd

201204147 · Local Government › estate management, open space & environment work · Decision date: 01 May 2013

Full Decision

Summary

Miss C complained that a housing association had unreasonably refused to allow her to widen her driveway by allocating her land from her neighbour's driveway. She had asked for this for mobility reasons. Under the terms of the Equality Act 2010, the association have a duty to make reasonable adjustments to avoid putting people with disabilities at a substantial disadvantage compared to people who are not disabled.

Our investigation found that the association had considered, from a number of viewpoints, the possibility of extending Miss C's driveway. These included other available options for access to a vehicle, the current and future implications of extending her driveway and the impact that the agreed removal of a bin store would have on the space available for vehicle access.

In investigating this complaint we noted, however, that it was for the association to decide whether a proposed adjustment is reasonable. We decided that what the association had done represented a reasonable consideration of the proposed adjustment and that they had, therefore, made their decision appropriately.

Related reading

View Decision Report 201204147 as a PDF (11.2 KB) Updated: March 13, 2018