Summary: We will not investigate Mr X’s complaint about delay by the Council in issuing him a business rates account number in 2020. This is because the complaint is late and any delay did not affect Mr X’s eligibility for the COVID-19 small business grant or cause him significant injustice.

The complaint

1. The complainant, Mr X, complains the Council failed to provide him with a business rates number in order for him to apply for a COVID-19 small business grant. He believes he missed out on the grant and says this affected his business.

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. 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. In March 2020, the Government created schemes for councils to pay grants to small businesses. This was because the Covid-19 restrictions affected so many of them.
7. Businesses in receipt of Small Business Rates Relief (SBRR) or Rural Rates Relief (RRR) as of 11 March 2020 were eligible for a payment of £10,000.
8. Mr X took over premises in the Council’s area on 1 July 2020. He says the Council delayed in opening a business rate account and providing him with his business rate number with the effect that he could not apply for the small business grant. The Council opened Mr X’s account and issued him with a bill on 8 September 2020 and Mr X applied for SBRR on 2 October 2020.
9. Mr X says he contacted the Council to complain in March 2021 but did not receive a response. He complained again, via his local councillor, in around October 2022 and brought the complaint to us in March 2023.
10. Because Mr X did not bring the complaint to us within 12 months of the Council’s business rates bill, his complaint is late. However even if it was not, we would not investigate the matter further. This is because Mr X did not occupy the premises on 11 March 2020 and was not therefore eligible for the small business grant. So even if the Council had opened his business rates account and issued him an account number immediately he would not have received the grant. We could not therefore say the injustice Mr X claims is the result of any fault by the Council.

Back to top

Final decision

11. We will not investigate this complaint. This is because it is late and there is no evidence to show any delay by the Council caused Mr X significant injustice. Mr X was not eligible for the small business grant and was not therefore entitled to it.

Back to top

Investigator's decision on behalf of the Ombudsman