The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to allow Mr X’s Clean Air Zone exemption application for his vehicle. This is because there is no evidence to suggest fault by the Council.
The complaint
The complainant, who I refer to as Mr X, complains about the Council’s decision not to grant a Clean Air Zone exemption for his vehicle despite his particular circumstances.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start or may decide not to continue with 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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council considered Mr X’s application for a Clean Air Zone exemption for his vehicle and looked at his particular circumstances. However, his application did not meet the relevant criteria and the Council refused it.
While this is a disappointing decision for Mr X, there is no evidence to suggest the Council did not properly follow its Clean Air Zone policy and criteria and there are no grounds on which to base an investigation.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman