Bolton Metropolitan Borough Council (21 007 744)
Category : Benefits and tax > COVID-19
Decision : Closed after initial enquiries
Decision date : 13 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council wrongly refused his application for a COVID-19 business grant. This is because there is no evidence of fault by the Council.
The complaint
- The complainant, Mr X, complains the Council wrongly refused his application for a ‘Restart’ grant.
The Ombudsman’s role and powers
- 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/care provider followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Government guidance for the Restart grant scheme says:
“Where a grant is issued, the business that according to the billing authority’s records was the ratepayer in respect of the hereditament on 1 April 2021 is eligible to receive the grant.”
- The Council refused Mr X’s application because he was not the ratepayer on 1 April 2021 and there is no evidence of fault in the way the Council reached its decision. Mr X confirms he was not the ratepayer on 1 April 2021 and he is not therefore eligible for the grant.
Final decision
- We will not investigate this complaint. This is because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman