Summary: We will not investigate Mr X’s complaint about the Council’s decision he no longer qualifies for a Clean Air Zone exemption. 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 he no longer qualifies for a Clean Air Zone (CAZ) exemption for his vehicle following his move outside the Bradford District. Mr X says he did not realise his new address lay outside the Council’s area. He received penalty charge notices every day after his exemption ended which he could not afford to pay as a sole trader. Mr X says he has now stopped trading as he could not afford to continue without the exemption in place.

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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 do not start an investigation if we decide 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 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))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for, and was granted, a CAZ exemption for his work vehicle in May 2022.
7. Mr X moved outside the Council’s area in late 2022. In late 2023, the Council told Mr X he no longer qualified for the CAZ exemption because his vehicle and business were no longer registered in the Bradford District. It cancelled the exemption, with a short notice period granted, and told Mr X he would be charged for entering the CAZ after the cancellation date.
8. The Council said the exemption certificate stated he must let the Council know immediately about any change in circumstances which may affect his ongoing eligibility for an exemption. Mr X failed to inform the Council when he moved outside the Council’s area. He continued to use the vehicle and exemption for almost a year after he moved. Mr X explained he did not realise his new address was outside the Council’s area nor that it meant he would not longer qualify for the exemption.
9. This is not a complaint we will investigate. This is because, whilst I acknowledge Mr X’s dissatisfaction with the Council’s decision, there is no sign of fault by the Council here. Exemptions are only available to businesses and residents within the Bradford District. Mr X does not live within the Bradford District and so he is no longer eligible for an exemption. The Council clearly explained this in its response to Mr X and its decision has been made in line with its published exemption eligibility criteria.

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Final decision

10. We will not investigate Mr X’s complaint because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman