The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal of his application for an ‘Additional Restrictions Grant' for businesses affected by the COVID-19 pandemic. This is because there is not enough evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council wrongly refused his application for a COVID-19 business grant.
The Ombudsman’s role and powers
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) 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 cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has considered the information provided by Mr X and explained the reasons it decided Mr X did not meet the criteria for the business grant. While I appreciate Mr X disagrees with those reasons I have seen no evidence of fault affecting its decision and I therefore find no basis for us to criticise it.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman