The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to grant him a business rates discount. This is because there is no evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council refused to award him expanded retail discount (ERD), which provided a discount on business rates for businesses affected by the COVID-19 pandemic. This means he will have to pay more than £13,000 in outstanding rates. He says the Council’s decision goes against government guidance and the spirit of the scheme.
The Ombudsman’s role and powers
This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
There is no evidence of fault by the Council in this matter. Government guidance clearly explained ERD applied to premises which were occupied and in use and Mr X himself confirms this did not apply in his case. While he complains his business suffered as a result of the COVID-19 pandemic the Council did not have discretion to award ERD to businesses which did not meet the criteria.
Final decision
We will not investigate this complaint. This is because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman