Summary: We will use our discretion not to investigate this complaint about an unsuccessful application for a clean air grant to upgrade the complainant’s vehicle.

The complaint

1. The complainant, Mr X, complains about the Council’s refusal of his application for a grant to upgrade his vehicle to make it compliant with the clean air zone. He wants the Council to re-open and approve the 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes information about the grant application and the correspondence. I also considered our Assessment Code.

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My assessment

5. Mr X applied for a grant last year. He says he provided the supporting evidence and the Council misinterpreted the information regarding the insurance documents.
6. The Council asked Mr X for evidence to support the application in July 2024. It then closed the application because Mr X had not provided the information. Mr X challenged the decision. The Council reviewed the application but sent Mr X a letter in September saying it had not changed its decision and the application was closed; the letter invited Mr X to contact us. The Council also says that Mr X had told the Council he had decided against the grant application and would continue with his vehicle exemption.
7. Mr X next contacted the Council in April 2025. He said he had sent the evidence and wanted an update on the application. The Council repeated it had closed the application last year. It also said it had closed the grant scheme because it had allocated all the funds. Mr X complained to us in April.
8. I will not investigate this complaint because Mr X could have pursued this further, either with the Council or us, in 2024. He could have responded soon after receiving the review decision, and he could have explained he had submitted the evidence or he could have resubmitted it. But, he took no further action until April by which time the scheme had been closed since December 2024. If Mr X had pursued this further last year, it might have been possible for the Council to have awarded a grant (but I am not saying that would have happened) but the position now is that Mr X does not have a live application and the scheme has been closed to new applications since December.
9. To summarise, I will not start an investigation because Mr X could have taken further action last year and he cannot receive a grant now because the scheme is closed.

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Final decision

10. We will use our discretion not to investigate this complaint because Mr X could have taken further action last year.

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Investigator's decision on behalf of the Ombudsman