Hastings Borough Council (22 010 913)
Category : Benefits and tax > COVID-19
Decision : Closed after initial enquiries
Decision date : 30 Nov 2022
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s decision to refuse her COVID grant application. This is because there is not enough evidence of fault by the Council.
The complaint
- The complainant, Ms X, complains about the Council’s decision to refuse her application for a COVID-19 Omicron leisure and tourism grant.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council refused Ms X’s application on the basis the evidence she provided did not show her company was eligible for the grant. Ms X disputes this decision.
- The Council’s final response quotes from government guidance which states:
“22. Businesses will only be eligible where their main service falls within hospitality, leisure or accommodation. If a business operates services that could be considered hospitality or leisure, and also fall into another category, the main service can be determined by assessing which category constitutes 50% or more of their overall income. The main service principle will determine whether a business receives funding..”
- While Ms X considers the Council failed to take into account in-person services provided by her company this is not the case. The Council has acknowledged these services but explained the evidence she provided did not show they accounted for more than 50% of the company’s income. The decision is a matter of professional judgement and I have seen no evidence of fault in the way it was reached. We cannot therefore question it.
Final decision
- 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