Summary: We will not investigate this complaint about the Council’s decision not to transfer a vehicle exemption for the Clean Air Zone to another 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, complains the Council will not transfer an exemption for the Clean Air Zone (CAZ) to another vehicle. He says he cannot afford to buy a compliant vehicle and, without another exemption, his business will be forced to close.

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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 and the Council. This includes the correspondence about his request to transfer the exemption. I also considered our Assessment Code and comments Mr X made in reply to 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. Exemptions are available if the applicant owned the vehicle before 26 September 2022. The Council does not issue exemptions for vehicles owned after 26 September 2022.
6. Mr X applied for an exemption for a vehicle he had bought in July 2022. The Council issued an exemption for vehicle A in December.
7. In January Mr X told the Council that vehicle A had broken down beyond repair. He said he had bought another non-compliant vehicle (B) because he could not afford a compliant one. He asked the Council to transfer the exemption from vehicle A to vehicle B. He explained that without an exemption for vehicle B he would not be able to continue to run his business.
8. The Council told Mr X it could not transfer the exemption to vehicle B because exemptions can only be issued if the applicant purchased the vehicle before 26 September 2022.
9. Mr X says the Council’s decision is unfair and his business will be at risk unless the exemption is transferred.
10. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X did not provide the Council with evidence he has owned vehicle B from before 26 September 2022. The Council’s decision that the exemption cannot be transferred is consistent with the rules because exemptions are not issued for vehicles purchased after that date. The Council’s decision reflects the policy so there is no reason to start an investigation.
11. I appreciate Mr X feels his business may be at risk. But, we are not an appeal body and we have no power to change the Council’s decision. We could not ask the Council to transfer the exemption because that would be contrary to the policy.

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Final decision

12. 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