The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his application for a COVID-19 business grant. This is because there is not enough evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council refused his application for a grant for businesses in the hospitality, leisure and accommodation sectors affected by the ‘Omicron’ variant of COVID-19.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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 Ombudsman’s Assessment Code.
My assessment
Mr X believes he is entitled to the grant but the Council has considered the information he provided and decided he does not meet the criteria. In reaching its view it has explained that his evidence does not show his business was trading in the hospitality, leisure and accommodation sectors immediately before the emergence of the Omicron variant in or around December 2021 or that this variant specifically had a significant impact on his business.
While it is clear Mr X disagrees with the Council’s decision we are not an appeal body. I have seen no clear evidence of fault in the way the Council reached its decision and the law does not therefore allow 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