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

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision to refuse her application for a Clean Air Zone (CAZ) exemption for her vehicle. Ms X keeps animals within the Council area and needs to transport them within the area. Ms 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 Ms X. This includes letters from the Council about the exemption and information on the Council’s website. I also considered our Assessment Code.

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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. People who run businesses in the area can also apply.
6. Ms X applied for an exemption. Ms X does not live in the Bradford area but she keeps a vehicle within the area. The Council rejected the application because Ms X does not live in the area, does not run a business from the area, and the vehicle is not registered to an address in Bradford.
7. Ms X accepts the vehicle is registered to her home address in a different council area. She disagrees with the Council’s decision because she permanently keeps the vehicle in the Bradford area and she needs it to transport animals. Ms X says she is being discriminated against for not living in Bradford.
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 or businesses. The rules also say the vehicle must be registered to a Bradford address. Ms X did not provide the Council with evidence that she satisfies any of these rules. The Council’s decision is consistent with the policy so there is no reason to start an investigation.
9. Ms X has explained why she would like an exemption and I acknowledge not having an exemption is causing difficulty. But, we do not act as an appeal body and we have no power to issue an exemption or to 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