Westminster City Council (22 014 894)
Category : Benefits and tax > COVID-19
Decision : Closed after initial enquiries
Decision date : 21 Feb 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s COVID-19 business grant application process. This is because there is not enough evidence of fault by the Council.
The complaint
- The complainant, Mr X, complains the Council’s application process for a COVID-19 business grant was confusing. As a result he ticked a box which meant he was not eligible for the grant, but he says this was an error. He asked the Council to review its decision but the Council confirmed the decision was correct.
The Ombudsman’s role and powers
- 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
- It is clear Mr X found the grant application confusing but he spoke at length with the Council about the scheme and the Council provided clear written advice to help him. He submitted several declarations all of which included a tick in the same box and the Council assessed his application based on the information he provided.
- Mr X told the Council he had ticked the box in error but this was only after it refused his application and by this time the scheme had closed and the grant funding had been spent. Because the decision to refuse Mr X’s application was not the result of any fault by the Council we would not recommend it pays Mr X the grant retrospectively using its own funds.
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