Summary: We will not investigate this complaint about the Council’s refusal to transfer a Clean Air Zone exemption to a replacement van. This is because we are unlikely to find fault.

The complaint

1. Mr X has complained the Council has refused to transfer a Clean Air Zone (CAZ) exemption from his old van to his new one. Mr X says as his previous older van had an exemption, he should be entitled to transfer that exemption on to his new van. Mr X complains he now has to travel further out of his local area to do his shopping and transporting his children to their clubs and social events. This has caused increased fuel costs and mileage. Mr X says the Council’s CAZ policy discriminates against him and others who might be facing financial hardship. Mr X wants the council to grant an exemption for his van.

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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 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))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. A CAZ is an area where an authority has made changes to improve the air quality. If a vehicle does not meet certain standards, the motorist must pay to drive in a CAZ.
7. Exemptions are granted where vehicles meet specified emission standards or fall within defined categories.
8. Mr X previously owned a van that qualified for a CAZ exemption. When that van became no longer fit for purpose Mr X bought a new van.
9. The Council assessed Mr X’s new van against the criteria of the published CAZ policy. With the new vehicle not meeting the CAZ requirements the Council rejected Mr X’s application to have the CAZ exemption transferred to his new van.
10. We are unlikely to find fault with the Council’s decision to refuse Mr X’s request for a CAZ exemption. The eligibility requirements are published on the Council’s website and I am satisfied it has properly followed its criteria when assessing if Mr X is entitled to a CAZ exemption.

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Final decision

11. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman