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

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision to refuse his application for a Clean Air Zone (CAZ) exemption for his car. Mr X is obliged to have his own transport as a condition of his job and says his job may be at risk without the exemption. Mr X wants the Council to issue an exemption.

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 Mr X. This includes the correspondence about the application. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

Back to top

My assessment

4. Drivers of vehicles which do not meet the required emission standard must pay a daily charge to enter the CAZ.
5. Residents of Bradford can apply for an exemption from the charge. The applicant must live in Bradford and the vehicle must be registered within the Bradford area in the name of the applicant.
6. Mr X applied for an exemption. The Council rejected the application because he does not live within Bradford. Mr X lives in another council area.
7. Mr X disagrees with the decision because he drives into the CAZ for work and it is a condition of his job that he has his own transport. Mr X tried using other forms of transport but it has not worked well and he fears his job could be at risk.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The rules say exemptions are available to Bradford residents. Mr X does not live in Bradford so the Council’s decision reflects the policy. I acknowledge not having an exemption is causing problems for Mr X but we do not act as an appeal body and have no power to issue an exemption or over-turn the Council’s decision. There is nothing to suggest fault in the way the Council made the decision so there is no reason to start an investigation.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman