Summary: We will not investigate Mr X’s complaint about the Council’s refusal of his application for a COVID-19 small business grant. This is because there is no evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council wrongly refused his application for a COVID-19 small business grant.

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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 Mr X’s representative (Mr Y) and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I have seen no evidence of fault by the Council in its handling of Mr X’s application. Mr X’s business premises were not shown on the rating list at the time of his application for a small business grant and the Valuation Office Agency (VOA) only added the premises to the list after the grant scheme had ended. At this point the Council had no discretion to award Mr X a grant and we could not therefore say it was fault to decline to do so.
7. Mr X would like the Council to award him other grants he may have been entitled to but it is not clear he made any further applications. The Council has however explained that due to the nature of his business he was not entitled to the Local Restrictions Support Grant (closed) or the Restart Grant and this is in-line with government guidance on eligible businesses; I cannot therefore question the Council’s view.

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Final decision

8. 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

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Investigator's decision on behalf of the Ombudsman