The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant is not eligible for a Clean Air Grant. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he is not eligible for a Clean Air Grant to help him buy a compliant vehicle. He says the Council should not penalise him because his old van was written off in an accident which was not his fault.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the grant application, decision and information about the scheme. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
The Council offers grants to help improve air quality through removing non-compliant vehicles in terms of air quality. To qualify the applicant must own and use a non-compliant vehicle prior to October 2021 and at the time of application.
Mr X owned a non-compliant van in October 2021. In March 2022 he was involved in an accident and the van was written off. Mr X says the accident was not his fault. He returned the log book and MOT to the insurer and received payment from the insurer for the loss of the van.
Mr A applied for a grant in July. He explained about the accident and said that, since then, he had been borrowing or hiring vans. He said he could not afford to buy a compliant van and cannot afford the charges to enter the clean air zone in a non-compliant van.
The Council refused the application because the van was written off in March and Mr X did not own and use a non-compliant vehicle when he applied for the grant in July.
Mr X disagrees with the decision because the accident was not his fault and he cannot afford to buy a new compliant vehicle.
I will not start an investigation because there is insufficient evidence of fault by the Council. I appreciate Mr X was not responsible for the accident but the Council’s decision to refuse the grant is consistent with the rules so there is no reason to start an investigation. We are not an appeal body and have no power to over-turn the Council’s decision. I can only consider if there was fault in the way the Council processed the application and I see no suggestion of fault.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman