The Ombudsman's final decision
Summary: We will not investigate this complaint about the scrappage scheme because there is insufficient evidence of fault by the Authority and because we cannot achieve the outcome the complainant wants.
The complaint
The complainant, Mr X, says the Authority approved his application under the van scrappage scheme but then, after he had scrapped the van, refused to pay the grant. Mr X wants the Authority to pay the approved £7000 grant so he can buy a new van.
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 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), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Authority. I also considered our Assessment Code.
My assessment
Mr X applied for a grant under the van scrappage scheme. The Authority approved the application and Mr X scrapped the van.
The Authority then reviewed the application and found some irregularities which led it to question the validity of the application and Mr X’s eligibility for a grant. The Authority wrote to Mr X to explain it had found some irregularities and had withdrawn the offer of a grant. It said it had referred the case to its counter-fraud and corruption team and said Mr X could face civil or criminal proceedings. The Authority highlighted the terms and conditions for the scheme which allow it to terminate an application.
I will not investigate this complaint because there is insufficient evidence of fault by the Authority. I have considered the terms and conditions and they allow the Authority to immediately terminate an application, or withdraw funding, if it identifies fraud. There is no provision for the application to proceed in these circumstances if the applicant has already scrapped the vehicle. The Authority acted in accordance with the policy so there is no reason to start an investigation. In addition, the Authority told Mr X what had happened and why it would not pay the grant.
I appreciate Mr X may disagree with the Authority’s decision and may deny any allegation of fraud; but, we are not an appeal body and it is not our role to decide if an application was fraudulent.
Further, we cannot ask the Authority to pay the grant to Mr X because it has decided there were irregularities with the application. We do not have the power to override the Authority’s decision and say it must pay the grant contrary to its terms and conditions.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Authority and because we cannot achieve the outcome Mr X would like.
Investigator's decision on behalf of the Ombudsman