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 refused to grant him an exemption from its ‘clean air zone’ charge. He says his vehicle is a campervan and should qualify for an exemption under the scheme rules.
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 Council.
I considered the Ombudsman’s Assessment Code.
Background
Motorhomes with an ‘M1’ classification from the DVLA are automatically exempt from the Council’s clean air zone charge. Local exemptions are also available for residents.
Mr X drives a van which has been converted for use as a motorhome. He asked the Council to grant him an exemption from the clean air zone charge but it refused. This was on the basis the vehicle was classified by the DVLA as a van, rather than a M1 motorhome. It suggested Mr X contact the DVLA if he wished to dispute the classification of his vehicle.
Mr X says he has already spoken to the DVLA but they were unable to change the classification and directed him to the Council to ask for an exemption.
My assessment
The Council’s clean air zone scheme exempts M1 motorhomes but does not provide an exemption for vans registered to people living outside the Council’s area. Mr X’s vehicle is not registered as an M1 motorhome and Mr X does not live in the Council’s area. He does not therefore meet the criteria for an exemption and the Council was not at fault for refusing his request.
While Mr X may disagree with the charging scheme this is not something we can change. The scheme and relevant exemptions have been approved by central government and it is not for us to say the Council should change or disapply it in this case.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman