The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to grant him an exemption from its clean air zone charge. This is because there is not enough evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council has declined to grant him an exemption from paying to enter its clean air zone. Mr X believes this is unfair as his car meets the exemption criteria for every other clean air zone in the country. He wants the Council to grant him an exemption from paying the charge.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Background
The Council’s charging scheme requires vehicle owners/operators to pay a charge for entering the clean air zone, unless their vehicle meet the exemption criteria. Mr X drives a private hire vehicle which is not exempt from the charge. He therefore has to pay £7 for each day he drives in the clean air zone. Mr X applied to the Council for an exemption but it refused his request.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council. Mr X’s vehicle does not meet the exemption criteria and it is therefore under no obligation to grant Mr X an exemption from paying the charge.
Investigator's decision on behalf of the Ombudsman