The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to pay Mr X a COVID-19-related business grant. The complaint is late.
The complaint
Mr X complains the Council refused to pay him a COVID-19-related business grant. He says this added to the difficulties his business suffered from the COVID-19 restrictions.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In June 2020, the Council refused Mr X’s application to its discretionary grant fund. Mr X then wrote a letter to the Council dated 16 June 2020 expressing dissatisfaction with the decision and giving reasons for disagreeing with the refusal. He says he did not receive a response. The Council told us it had no record of receiving that letter, which was why it did not respond.
Mr X knew in June 2020 he was dissatisfied with the Council’s decision, but he did not complain to us until September 2022. So the restriction in paragraph 2 applies to this complaint.
Mr X says he did not complain to us sooner because he only found out recently that we could deal with complaints about the Council. I realise Mr X might not have known about our role in June 2020. However, he knew then that he was dissatisfied with the Council and he knew shortly after June 2020 that the Council had not replied to his letter challenging its decision. I have seen no evidence Mr X pursued the matter further with the Council then. It would have been reasonable to expect him to do so as he disagreed with the Council’s position on a matter he believed had significantly affected his business.
If Mr X had pursued the matter with the Council and/or sought help taking the matter further, for example from an advice agency, it is likely he would have learned of the Council’s complaint procedure and of the Ombudsman’s role. In that case, he would have been able to complain to us within 12 months of June 2020 and in any event well before September 2022. So, in the circumstances, I am not persuaded there are good reasons to accept the complaint late.
Final decision
We will not investigate Mr X’s complaint because there is not good reason to accept the complaint late.
Investigator's decision on behalf of the Ombudsman