The Ombudsman's final decision
Summary: We will not investigate this complaint that the complainant’s vehicle is ineligible for a Clean Air Zone exemption. This is because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant wants.
The complaint
The complainant, whom I refer to as Mr X, complains the Council will not issue a Clean Air Zone (CAZ) exemption for his vehicle. He wants the Council to change the policy and grant an exemption.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the correspondence about the application and the policy. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
Drivers of non-compliant vehicles must pay a charge to drive through the CAZ. Exemptions are available for some vehicles. Exemptions are not available for vehicles purchased after 26 September 2022. The Council hopes vehicles bought after that date will meet the emissions standard.
Mr X had an exemption for a vehicle. The vehicle broke down and Mr X had to replace it. He bought a new vehicle on 28 September and applied for an exemption for the new vehicle in October. He submitted a copy of the V5 which stated he bought the vehicle on 28 September.
The Council refused the application because Mr X bought the vehicle after 26 September. The Council said he might be eligible for a grant to help him upgrade the vehicle.
Mr X disagrees with the decision. He needs the exemption so he can work and he only changed vehicles because the previous one broke down. Mr X says the rules should be changed to allow vehicles purchased after 26 September to be eligible. He also says the Council should allow people to transfer an exemption to another vehicle. He wants an exemption.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The policy says exemptions are not available for vehicles purchased after 26 September 2022. Mr X purchased his vehicle after this date so there is no suggestion of fault in the Council’s decision to reject the application. We are not an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with. We cannot ask the Council to issue an exemption because that would be contrary to the rules.
I also will not investigate this complaint because we have no power to change the policy. The CAZ policy is set by the Council and we cannot change it. Mr X would need to approach the Council, perhaps through his local councillors, if he thinks the rules of the scheme should be changed. It would be for the Council to decide whether to change the rules.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because we could not achieve the outcome Mr X wants.
Investigator's decision on behalf of the Ombudsman