Summary: We will not investigate this complaint about an unsuccessful application for a grant under the Clean Air Zone scheme. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision to reject his application for a grant under the Clean Air Zone scheme. He wants the Council to award a grant.

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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 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))

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How I considered this complaint

3. I considered information provided by Mr X. This includes the Council’s decision about the grant. I also considered information on the Council’s website and our Assessment Code.

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My assessment

4. In April Mr X bought a new vehicle which was compliant with the Clean Air Zone (CAZ) emission standards.
5. In September Mr X applied for a grant. The Council provides grants to help people buy vehicles which are compliant with the CAZ. Mr X says he had to wait until September because he did not receive the V5 until then.
6. The Council rejected the application because Mr X applied for a grant after he had bought a compliant vehicle.
7. Mr X agrees he bought the vehicle before applying for the grant but says he was unaware of the rule which, he says, was hidden in small print.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The website states, in various places, that people should not buy a new vehicle before they have received a grant offer, that grants are not available to anyone who has already bought a new vehicle, and grants cannot be awarded retrospectively. The website also says people should wait for the outcome of an application before making any decisions about buying a new vehicle. This information is not hidden in small print and some parts are in bold print.
9. The Council’s decision to reject the application reflects the policy so there is no reason to start an investigation. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

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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