Summary: We will not investigate Mr B’s complaint about the Council’s refusal to refund a Clean Air Zone charge. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council has refused to refund the £8 Clean Air Zone daily charge he paid when he entered the wrong date by mistake. Mr B says it is unfair for the Council not to pay a refund because he did not travel into Birmingham that day and it was a genuine error.

Back to top

The Ombudsman’s role and powers

2. We investigate 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mr B and information on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Clean Air Zone covers part of Birmingham city centre. Motorists must pay a fee to drive in the Clean Air Zone if their vehicle does not meet the emission standards for the Zone and they do not have a valid exemption in place. The daily fee is £8 for cars.
6. The Council’s policy is not to issue a refund of the Clean Air Zone charge to people who pay the charge in advance and change their mind about driving in the zone or pay for an incorrect date or incorrect vehicle.
7. The Council’s decision not to issue Mr B with a refund is in line with the Council’s policy on refunds. So, an investigation into this decision is not justified.
8. Mr B considers the Council’s approach to refunds is unfair. But, it is for the Council to decide how this scheme will operate including the criteria for a refund. It is highly unlikely an investigation would result in us asking the Council to operate the scheme differently.
9. So, we will not investigate this complaint.

Back to top

Final decision

10. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman