Summary: We will not investigate this complaint about the Council’s decision to remove the complainant’s Clean Air Zone exemption. This is because we are unlikely to find fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision to remove her Clean Air Zone Exemption for her work van. She wants the Council to re-instate the exemption.

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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 Ms X and the Council. This includes the correspondence about the exemption and all the evidence Ms X submitted to support her application. I also considered our Assessment Code.

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My assessment

4. People who have a vehicle which is not compliant with the Clean Air Zone can apply for an exemption. Ms X applied under the criteria that the van or business is registered in Bradford.
5. The Council awarded an exemption in 2022 because the van was registered to an address in Bradford. Ms X changed the registration address in 2023 to an address outside Bradford. The Council reviewed the exemption in August but decided it could continue.
6. The Council reviewed the exemption again in November and withdrew it. This was because the van is registered to an address outside Bradford and Ms X had not provided evidence that the business is registered to a Bradford address. The Council had invited evidence in the form of bank statements, business rates or a Council licence. Ms X appealed but the Council confirmed its decision. In its response to my enquiries the Council said it should have withdrawn the exemption in August.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The rules say the applicant must provide evidence of the vehicle or business being registered to a Bradford address. I have considered all the information submitted by Ms X. The log book shows the van is registered in the name of the business to an address outside Bradford. The other documents are either from 2021 and/or do not show the business is registered within Bradford. The Council’s decision flows from the evidence so there is no reason to start an investigation.
8. We do not act as an appeal body. I have no power to overturn the Council’s decision or issue an exemption.

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Final decision

9. 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