Summary: We will not investigate Mr X’s complaint about the Council’s refusal to award his business COVID-19 business rates relief. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council was wrong not to award his business ‘expanded retail discount’ (ERD), which provided relief from business rates during the COVID-19 pandemic.

Back to top

The Ombudsman’s role and powers

2. 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.
3. 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”.
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong or unfair. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, no matter how much the complainant disagrees with it.
8. While Mr X believes it is unfair the Council did not award his business ERD, this was because the business did not meet the criteria set out in guidance issued by the government.
9. The Council’s decision was in accordance with the guidance and I have seen no evidence of fault in the way it was reached. The Council did not have discretion to award ineligible businesses ERD and we could not say it must waive Mr X’s outstanding business rates simply because he disagrees with the guidance and eligibility criteria.

Back to top

Final decision

10. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman