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 vehicle. Mr X works just within the zone and needs a vehicle to get to work and carry tools. Mr X wants the Council to issue an exemption.

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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))

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How I considered this complaint

3. I considered information provided by Mr X. This includes the correspondence about the application and information from Mr X about why he needs an exemption. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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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 and the vehicle is registered to his home address.
7. Mr X disagrees with the decision because he works just within the zone and has done so for many years and before the introduction of the CAZ. He cannot use public transport because he has to carry tools. He is worried he may lose his job as he cannot afford the daily charge.
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. I have checked Mr X’s postcode and he does not live in Bradford. In addition, the V5 shows the vehicle is not registered to a Bradford address. The Council’s decision reflects the policy so there is no reason to start an investigation.
9. I acknowledge not having an exemption is causing problems for Mr X but we do not act as appeal body and have no power to issue an exemption or over-turn the Council’s decision.

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Final decision

10. 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