London Borough of Newham (22 004 570)

Category : Benefits and tax > COVID-19

Decision : Closed after initial enquiries

Decision date : 18 Aug 2022

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his business grant applications. This is because there is not enough evidence of fault by the Council affecting its decisions.

The complaint

  1. The complainant, Mr X, complains the Council refused two of his applications for grant payments for his business, which was affected by the COVID-19 pandemic.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X applied to the Council for three COVID-19 business grant schemes. He complains the Council refused two of his applications based on assumptions it made about his business and without giving him an opportunity to provide further information or to challenge its decision.
  2. The Council’s response to Mr X’s complaint explains it refused his applications as he did not meet the criteria for the schemes. One of the grant schemes was intended to help businesses with three or more staff and Mr X’s application form confirmed he employed a maximum of two staff, and his application for the second scheme was submitted almost two weeks after the closure of the scheme to new applications.
  3. It is not fault for the Council to rely on the information provided by Mr X in refusing his application for a grant and it is not fault to refuse an application made after the deadline date.
  4. The Council confirms the schemes have ended and that all grant monies have now been paid; in these circumstances it is unlikely we could say the outcome would or should have been different, even if the Council had given Mr X an opportunity to provide further information.

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Final decision

  1. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show the Council’s handling of Mr X’s applications caused him significant injustice.

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Investigator's decision on behalf of the Ombudsman

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