Summary: We will not investigate this complaint about the Council’s decision that the complainant is ineligible for an exemption from the Clean Air Zone charge. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council refused her application for an exemption regarding the Clean Air Zone (CAZ). Mrs X has received Penalty Charge Notices (PCN) for driving in the CAZ without paying the daily charge.

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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 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))

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How I considered this complaint

3. I considered information provided by Mrs X and information on the Council’s website about the CAZ. I also considered our Assessment Code.

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My assessment

4. There is a charge to drive into the CAZ in a non-compliant vehicle. Some people are eligible for an exemption from the charge. A person may be eligible if they bought the vehicle before September 2022.
5. Mrs X bought a vehicle in June 2024. She had to buy a different vehicle because the former one broke down. Mrs X needs a large vehicle for health and family reasons.
6. Mrs X was unaware of the CAZ. She drove into the zone, without paying the charge, and received some PCNs.
7. Mrs X applied for an exemption. She provided evidence which showed she bought the vehicle in June 2024. The Council decided not to issue an exemption because Mrs X bought vehicle after September 2022.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. I have checked the government database and it is correct that Mrs X’s vehicle is non-compliant with the air emission standard. This means she must pay to the enter the CAZ or pay a PCN if she does not pay the daily charge.
9. I have also checked the Council’s policy and people are ineligible for an exemption if they became the registered keeper of the vehicle after September 2022. The Council’s decision reflects the policy so there is no reason to start an investigation.
10. Mrs X has explained why she needs an exemption. But, we do not act as an appeal body and we cannot ask the Council to award an exemption when that would be contrary to the rules.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman