The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council will not award a ‘clean air exemption’ for Miss X’s horse box as there is insufficient evidence of fault by the Council.
The complaint
Miss X complains the Council has refused to award a ‘clean air exemption’ for her horse box which is kept within the Council’s area. Miss X says this means she will have to pay a £50 charge each time the horsebox is used.
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 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has introduced a daily charge to drive within a zone in its area, for vehicles that do not meet emission standards. Residents within the Council’s area can apply for an exemption.
The Council has considered and refused Miss X’s application for her horse box to be exempt. This is because, while Miss X stores her horse box within the Council area, her residential address is outside of it.
I recognise Miss X is unhappy with this decision but I have not seen fault in the way it was made and so we cannot question it, as per paragraphs two and three. For this reason, we will not investigate.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault in the way the Council made its decision and so we cannot question it.
Investigator's decision on behalf of the Ombudsman