Not upheld: accessibility discrimination and failure to provide reasonable adjustments complaint against Nationwide Building Society

Decision detail

Summary

Mr H, who is profoundly deaf, complained that Nationwide Building Society discriminated against him by refusing to provide accessible communication alternatives when he attempted to enquire about borrowing back £60,000 in mortgage overpayments while on holiday overseas. Mr H stated he could not access BT Relay (his usual communication method) from abroad and that Nationwide refused to allow written communication or assistance from his partner, insisting he must return to the UK. The ombudsman did not uphold the complaint, finding that Nationwide's requirement for direct telephone contact was reasonable given the security-sensitive nature of large mortgage drawdowns and the risk of undue influence, and that BT Relay was technically available internationally despite Mr H's practical access difficulties.

The Ombudsman's reasoning

The ombudsman found that while Mr H experienced genuine difficulty accessing BT Relay from overseas, Nationwide's requirement for direct telephone contact was reasonable given the high-value security-sensitive nature of mortgage drawdowns and the risk of undue influence on customers. The ombudsman accepted that BT Relay is technically available internationally (though accessed differently) and that Nationwide reasonably asked Mr H to troubleshoot with BT Relay first. The ombudsman distinguished between refusing to speak to Mr H's partner for generic advice (which Nationwide did allow) and refusing such assistance for the actual drawdown application (which the ombudsman found reasonable). The ombudsman noted this was a matter of fairness and reasonableness rather than definitive legal interpretation of the Equality Act.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website