Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse her application for a COVID-19 business grant. This is because there is no evidence of fault in the way the Council reached its decision.

The complaint

1. The complainant, Miss X, complains the Council refused her application for a grant for businesses affected by the second national COVID-19 lockdown.

Back to top

The Ombudsman’s role and powers

2. 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”.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
4. 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)

Back to top

How I considered this complaint

5. I reviewed Miss X’s complaint and her correspondence with the Council about her application. I shared my draft decision with Miss X and invited her comments.

Back to top

What I found

6. In November 2020 the Government introduced schemes for councils to pay grants to small businesses. This was because the second national lockdown and local restrictions in force in various parts of the country affected so many of them.
7. The national lockdown 2/local restrictions support schemes paid grants to existing small businesses which were required to close as a result of the second national lockdown between 5 November and 5 December 2020.
8. Miss X applied for a grant but the Council refused her application. This was because she had not provided enough evidence to show her business was trading before 5 November 2020. Miss X asked the Council to review its decision and provided further information. But on further investigation the Council decided she was not eligible as her business was not required to close. It had also found evidence which suggested it had in fact remained open.
9. Miss X disagrees with the Council’s decision and says her shop remained closed for the full period from 5 November to 5 December 2020. She says her father wrongly stated the business was open but that this was a mistake.
10. There is no right of appeal against the Council’s decision to refuse Miss X’s application; we can only look at whether there was fault in the way it reached its decision. I have considered the correspondence between Miss X and the Council and I have seen no evidence of fault in this case. The Council considered the evidence Miss X provided and it is not for us to say its decision is wrong.

Back to top

Final decision

11. We will not investigate this complaint. This is because there is no evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman