Summary: We will not investigate this complaint that the Authority will not exempt the complainant’s vehicle from the requirements for the Low Emission Zone. This is because there is insufficient evidence of fault by the Authority.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Authority will not exempt her vehicle from the Low Emission Zone (LEZ) rules. Ms X says the Authority should consider her personal circumstances.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Authority’s response. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

Back to top

My assessment

4. Vehicles that do meet an emissions standard have to pay a charge to enter the low emission zone or be fined. There are some vehicles that are exempt.
5. Ms X asked the Authority for an exemption. She explained she lives in her vehicle and cannot afford to bring it up the required standard. She said she cannot afford the charge or to pay fines. Ms X said the LEZ rules would make it hard for her to move around and was, effectively, evicting her from her home town. She suggests the rules may breach the Human Rights Act or the Equalities Act.
6. The Authority explained that her vehicle is not covered by any of the exemptions. It said the purpose of the LEZ is to improve air quality.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Authority. Ms X has not provided any evidence that her van is covered by any of the exemptions. This means the Authority’s decision is consistent with the rules so there is no reason to start an investigation. In addition, the Authority carried out equality impact assessments before introducing the LEZ rules and living in a van, or being poor (as stated by Ms X), are not protected characteristics under the Equalities Act. If Ms X thinks there has been a breach of the Human Rights Act, or equalities legislation, then she would need to seek legal advice.
8. We are not an appeal body and we do not set policy. If Ms X thinks the rules should be changed so that people in her situation are exempt, then she could contact the Authority, or the Mayor’s office, to lobby for a change in the rules. She could submit, as part of her argument, that she thinks the current rules might breach the Human Rights Act or equality legislation.

Back to top

Final decision

9. I will not investigate this complaint because there is insufficient evidence of fault by the Authority.

Back to top

Investigator's decision on behalf of the Ombudsman