The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to apply its discretion in how it considered Mr X’s application for business grants. This is because the complaint is made late and there are not good reasons to investigate now.
The complaint
Mr X complains the Council in March 2020 failed to apply its discretion in how it considered Mr X’s application for business grants. Mr X considers it was clear to the Council at that time that the rateable value for his business was incorrect and as such, that the business was eligible for the grants.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has known about this issue for over two years and so makes his complaint late to us. It is reasonable to expect Mr X to have complained to us sooner, and within a year of him knowing about the problem, and therefore I do not consider there are good reasons for us to investigate now.
Final decision
We will not investigate Mr X’s complaint because it is made late and there are not good reasons for us to investigate now.
Investigator's decision on behalf of the Ombudsman