The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to refund Clean Air Zone charges. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains the Council refused to refund the £16 he paid in Clean Air Zone charges after he changed his mind about his dates of travel. Mr X wants a refund and for the Council to change its policy.
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, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council and information on the Council’s webpage about the Clean Air Zone.
I considered the Ombudsman’s Assessment Code.
My assessment
The Clean Air Zone covers part of Birmingham’s road network. Motorists must pay a fee to drive in the Clean Air Zone if their vehicle does not meet the emission standards for the Zone and they do not have a valid exemption in place. The daily fee is £8 for cars.
The Council’s policy is not to issue a refund of the Clean Air Zone charge to people who pay the charge in advance and change their mind about driving in the zone or pay for an incorrect date. This information is detailed on the Council’s dedicated website about the Clean Air Zone The Council’s decision not to issue Mr X with a refund is in line with the Council’s policy on refunds. So, an investigation into this decision is not justified.
Mr X considers the Council’s approach to refunds is unfair. But, it is for the Council to decide how this scheme will operate including the criteria for a refund. It is highly unlikely an investigation would result in us asking the Council to operate the scheme differently.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman