Summary: We will not investigate this complaint about how the Council considered its responsibilities under the Equality Act 2010, in relation to Mrs X’s concerns about discrimination. We cannot say an organisation has breached the Equality Act, and the Council have already investigated her concerns and further investigation by us would not lead to a different outcome.

The complaint

1. Mrs X complained to the Council, because she believed content on its web pages, including through recruitment and diversity and equality monitoring sites, were in contravention of the Equality Act 2010, as they affected the definition of ‘protected characteristics’.
2. Mrs X said this caused a risk of discrimination and said she was distressed, because her belief was it promoted a harmful gender ideology.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X wrote to the Council saying she believed it was wrong in the way it used the terms ‘gender’ and ‘sex’ in some of its content. Mrs X also told us she had raised a similar issue with the Council previously.
7. The Council replied to Mrs X and apologised she had had cause to complain. It also said it had investigated her complaint and reviewed the content. It said its recruitment page had been updated and had been using an older template. It also said it intended to carry out a review of its content going forward.
8. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act. Given the Council have investigated Mrs X’s complaint, replied to her and taken remedial action, I am satisfied the Council’s actions are an appropriate response, and consequently further investigation would not lead to a different outcome.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because we cannot say the Council has breached the Equality Act and further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman