Summary: We will not investigate Mr X’s complaint about business rates relief. This part of the complaint was brought to us late and there is no good reason to investigate now. We have upheld Mr X’s complaint about the Council’s poor communication. The Council have agreed to resolve the complaint by offering a suitable remedy for this fault.

The complaint

1. Mr X complains the Council did not provide any relief to his business under their Covid-19 relief scheme. Mr X also complains of poor communication.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X owns a business which imports and wholesales toys, beach goods, plush toys & giftware.
7. In 2020 Mr X applied for an expanded retail relief discount due to Covid-19. The Council refused the request because the business was not an eligible retail, hospitality or leisure business under their policy.
8. Mr X complains he should have been awarded relief because the shops his business sell goods to were closed and in receipt of the relief.
9. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X was aware the Council had decided he was not eligible for the relief in 2020 and again in 2021 after the decision was reviewed. Mr X did not complain to the Ombudsman until 2024. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
10. There were significant delays in responding to Mr X’s complaint. Mr X first brought his complaint to the Council in July 2024, but he did not get a response until May 2025 after contacting the Ombudsman. We would not normally consider complaint management when we are not looking at the substantive matter. However, Mr X experienced significant delay and if we were to consider this point it is likely we would find fault.
11. We therefore asked the Council to make a symbolic payment of £250 to Mr X in recognition of the time and trouble caused by the delay in providing him with a complaint response. The Council has agreed and will complete this action within four weeks.

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Final decision

12. We will not investigate Mr X’s complaint complain about business rates relief because it is late and it would have been reasonable for Mr X to bring the matter to us sooner. We have upheld Mr X’s complaint about poor communication. The Council have agreed to a suitable remedy for this fault.

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Investigator's decision on behalf of the Ombudsman