Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his application for a Clean Air Zone exemption for his vehicle. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s decision to refuse his application for a Clean Air Zone (CAZ) exemption for his vehicle.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.
7. I considered information on the Council’s website about CAZ exemptions.

Back to top

My assessment

8. Mr X complains about the Council’s decision to refuse his application for a CAZ exemption for a vehicle he purchased in October 2022. Mr X says he is unable to afford the CAZ charge each time he travels through the zone in the vehicle which he uses for a leisure activity.
9. The Council told Mr X his vehicle was not eligible for an exemption because it was purchased after the launch of the CAZ scheme in September 2022. Only vehicles which were registered prior to the start of the CAZ scheme are eligible.
10. Information on eligibility for a CAZ exemption is published on the Council’s website. This states: ‘Please be aware that for Local SME vehicles, Residents vehicles, motorised horsebox and motor caravans, and limited supply vehicle exemption categories, the non-compliant vehicle for which the exemption is being applied for must have been owned by the applicant prior to 26 September 2022.’ It also states: ‘There are no exemptions available for vehicles purchased from the 26 September 2022. Please check the vehicle you are buying is compliant by using the Government Vehicle Checker.’
11. Whilst I acknowledge Mr X is unhappy with the Council’s decision, there is no sign of fault in how it considered and decided his application. It has decided it in line with the clearly published criteria. We are not an appeal body and it is not our role to question the merits of a council’s decisions where there is no sign of fault in the way it was reached.

Back to top

Final decision

12. We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council as it considered and decided Mr X’s application in line with the published eligibility criteria.

Back to top

Investigator's decision on behalf of the Ombudsman