The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council wrongly advised him about his eligibility for a grant to replace his light goods vehicle. This is because the Council relied on the DVLA’s database and there is not enough evidence of fault in its actions. Mr X may wish to complain to the DVLA and escalate his complaint to the Parliamentary and Health Service Ombudsman.
The complaint
The complainant, Mr X, complains the Council wrongly advised him that a vehicle he intended to buy met the criteria for its Clean Air Light Goods and Minibus grant programme. He applied to the Council for the grant but the Council refused his application.
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.
My assessment
Mr X says he contacted the Council before purchasing a new vehicle to ensure it met the criteria for the grant. He says the Council confirmed the vehicle was compliant with the relevant emissions standards for its clean air zone and would therefore qualify for the grant. I have seen no evidence to confirm the Council’s advice but its website links to the GOV.UK vehicle checker which states the vehicle is exempt from paying the clean air zone charge on the basis if meets the relevant emissions standards. It therefore seems likely that if Mr X had contacted the Council it would have confirmed the vehicle was compliant.
Unfortunately, the information provided by the GOV.UK vehicle checker, which uses the DVLA database, is incorrect. The Council has explained this is because vehicles shown as registered after 1 September 2015 are automatically listed as compliant. Mr X’s vehicle was registered after 1 September 2015 but manufactured before this date and does not meet the relevant emissions standards. It is not therefore exempt from paying the clean air zone charge and does not qualify for the Council’s grant programme.
While the information provided by the DVLA and relied on by the Council was wrong, I do not consider the Council’s advice amounts to fault. This is because it was entitled to rely on the DVLA database and any advice it provided was correct to the best of its knowledge at the time. Mr X may therefore wish to raise a complaint against the DVLA and if he is unhappy with their responses he may refer the matter to the Parliamentary and Health Service Ombudsman (PHSO).
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