The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s application for a grant under the clean air scheme. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, disagrees with the Council’s decision not to award a grant for his taxi under the clean air scheme.
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. (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 Council. This includes the grant application and decision, supporting information and the grant policy. I also considered our Assessment Code.
My assessment
Mr X had a taxi which was licensed until November 2023. There were problems with the vehicle and Mr X sold it in May 2023.
Mr X says he bought a new car in December 2023 which the Council licensed as a taxi in February 2024.
Mr X applied for a grant for the new vehicle under the clean air scheme. The Council rejected the application because the car had not been licensed as a taxi before November 2023.
Mr X disagrees with the decision. He says his old taxi was licensed until November 2023 and the new car was not licensed until February due to delays with the taxi vehicle inspections.
I will not start an investigation because there is insufficient evidence of fault by the Council. The rules for a grant say the vehicle must have been licensed as a taxi prior to November 2023. Mr X bought the car in December 2023 and the Council granted a taxi licence in February. Mr X applied for a grant for the new vehicle so the fact that a previous car was registered prior to November has no bearing on the application for the new car. The Council’s decision to refuse the grant reflects the policy so there is no reason to start an investigation.
We do not act as an appeal body and cannot intervene simply because someone disagrees with a decision. I can only consider if there was fault in the way the Council made the decision and I have not seen any suggestion of fault.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman