Summary: We will not investigate this complaint about business grants under Covid-19 pandemic schemes. This is because it is late without good reason, and we could not investigate effectively so long after the events or achieve what Mr B seeks.

The complaint

1. Mr B says the Council has failed to conclude his application for business grant funding under Covid-19 pandemic arrangements for four years and finally decided not to pay grants he believes he was entitled to receive. He says this has caused his business significant financial hardship and put him to time and trouble pursuing the matter.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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, section 26B, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B says in his complaint the Council had been trying for the last four years to find a reason not to pay the relevant grants to him. This means he has known about the matter in his complaint for at least that long and his complaint is therefore late.
8. I recognise Mr B may have been in contact with the Council during that time, but it is not reasonable for him not to have come to the Ombudsman for up to four years after the matters arose, and then only after the relevant grant schemes have closed. We cannot now address any delay by the Council which we might have done had he complained sooner.
9. The Council has now explained its reasons for not being likely to have paid grants to Mr B even while the schemes were operating. It is unlikely we could investigate effectively so long after the original events, which are now historical. Nor is it our role to act as an appeal body to consider the Council’s decision itself, so we cannot achieve a change to its position.
10. I am satisfied there is no good reason to investigate Mr B’s complaint now.

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Final decision

11. We will not investigate Mr B’s complaint because it is late without good reason and we could not investigate effectively so long after the events or achieve what Mr B seeks.

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Investigator's decision on behalf of the Ombudsman