Problems with Probation Service - Was this dicriminatory?

NewTime

Hi everyone.

Firstly, I have Autism to give a little context into this.

Over the last 18 months my family and personal life has been difficult which led to a small minor conviction. I got a very small number of hours to complete (less than 100) and have been appalled by how probation have not made suitable adjustments. I am not going to go into great detail, as I have had to submit numerous complaints.

In the process of trying to complete my hours, they suggested that I would go on and be involved in outdoor activities, these activities would involve small and large groups. I said this was unsuitable. I said this for two reasons:

1. I recently moved to the city and don't know where I am going, as the location is far. It also means I would be travelling to the location at the busiest times of the day. I score highly in daily living for managing journeys.
2. The main reason I stated was because I struggle to engage with groups, small or big - and that people in this group wasn't the kind of people I deal with on a daily basis (many come across as in your face and career criminals and I am not)

During declining this my probation officer arranged a video call with the person who is involved with the daily running of those activities. It become obvious from the very start that this person was going to try and force this upon me and was repeating things I already knew. Towards the end, as he repeated himself and I did the same (saying i don't think this is suitable), he then said "Well, I think you're just trying to make excuses". This was said clearly in regards to my Autism.

I have submitted the complaint and the probation officer has admitted what he has said, along with the person himself. I believe the complaint will be cut and dry, but because of how I continue to be treated by Probation Service, I want to take it further.

Would I be able to make a legal claim for discimination?

Thanks :)

MW123

@NewTime

What you have described may amount to disability discrimination under the Equality Act 2010. You told Probation about your autism and the specific difficulties you face, and they did not make suitable reasonable adjustments.

The comment that you were ‘making excuses’, said directly in response to your autism‑related needs, could also amount to unfavourable treatment arising from disability.

If you wanted to take this further as a legal claim rather than relying solely on the internal complaints process, it would usually be brought in the County Court, as that is the route the Equality Act 2010 provides for civil discrimination claims.

If you are not confident about filing a claim yourself, it may help to seek legal advice so a solicitor can look at your evidence and advise you on your case.

NewTime

https://forum.scope.org.uk/discussion/comment/1095799#Comment_1095799

Thank you for taking time to reply.

The Probation Service was aware of my circumstances before my first visit to the their office. Despite this I had numerous problems, they didn't give me their proper address, they wouldn't let me cancel an appointment for a repair and much more.

I had another probation officer later on in the process and kept on repeating that I did not believe the group outdoor activities was suitable for someone like me. I would have thought that it would not go further down the line and them video call the people involved, they should have perhaps accepted this in the first place? As they knew about my disability.

I am not sure how I feel about it all, but I don't think any of this should have happened.

MW123

@NewTime

From what you have described, it’s understandable you feel this should not have happened. Probation were aware of your autism from the outset, so they should have taken that into account when arranging appointments and suggesting unpaid work. Issues like being given the wrong address, not being allowed to rearrange an appointment, and continuing to push group activities you had already said were unsuitable suggest your needs were not properly considered.

Once you had explained why the group work was not appropriate, it should not have been taken further. The video call and the “making excuses” comment indicate your disability related concerns were not being treated seriously.

You have taken the right steps by raising it formally. If the internal process doesn’t resolve things, you can escalate it to the Prisons and Probation Ombudsman. They can make findings about failings, recommend changes to practice, require Probation to apologise, and suggest staff training or procedural improvements. They can’t award compensation, as that would be a separate legal route, as mentioned in my earlier post.

NewTime

https://forum.scope.org.uk/discussion/comment/1095799#Comment_1095799

Hi.

Thanks for all the information.

I have had a response back from probation and they have partially found in my favour, but chosen to remove the context in what was said.

I would prefer for solicitors to deal with this rather than a county court claim, is that at all possible?