Summary: We will not investigate Mrs X’s complaint about the Council’s refusal of her application for expanded retail discount. This is because there is no evidence of fault affecting its decision.

The complaint

1. The complainant, Mrs X, complains the Council wrongly refused her application for expanded retail discount business rates relief.

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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’, 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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Background

6. Mrs X runs a business which she had to close in 2020/21 due to restrictions on in-person contact resulting from the COVID-19 pandemic. She applied to the Council for expanded retail discount, which is a form of business rates relief introduced by the Government in response to the pandemic in April 2020, but the Council refused her application. This was because it did not consider her business fell into one of the categories required to be eligible for the discount. Mrs X disagrees with the Council’s decision.

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My assessment

7. Mrs X’s business type is not specifically referred to within the guidance on expanded retail discount issued by the Government. It was therefore for the Council to apply its judgement to decide whether it was eligible for the scheme.
8. In reaching and reviewing its decision the Council considered Mrs X’s comments on the allowed use of her premises, its classification with the Valuation Office Agency, the purpose of the business and its type as listed with Companies House.
9. We cannot reconsider Mrs X’s application and reach our own decision on whether her business is eligible for expanded retail discount. Our role is to consider whether the Council was at fault in the way it reached its decision and I have seen no evidence to suggest it was. We cannot therefore criticise it.

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Final decision

10. We will not investigate this complaint. This is because there is no evidence of fault affecting the Council’s decision.

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Investigator's decision on behalf of the Ombudsman