Transport for London (24 014 925)

Category : Transport and highways > Traffic management

Decision : Closed after initial enquiries

Decision date : 28 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Authority’s decision not to give the complainant a grant under the car scrappage scheme. This is because there is insufficient evidence of fault by the Authority.

The complaint

  1. The complainant, Mr X, complains the Authority will not issue a grant under the car scrappage scheme following a change in the rules in 2023. Mr X wants the Authority to pay him for scrapping a good car.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by Mr X and the Authority. This includes the complaint correspondence and information about the scrappage scheme. I also considered our Assessment Code.

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My assessment

  1. Mr X knew the Ultra Low Emission Zone was due to expend, so in April 2023 he scrapped his car. At that point grants were available under the scrappage scheme to help people who were on a low income or had a disability. Mr X says he did not meet these rules.
  2. On 3 August 2023 the scrappage scheme changed and grants became available to everyone, not just to those on a low income. Mr X applied for a grant under the new rules. The Authority refused the application because he had scrapped the car before being told he was eligible for a grant.
  3. I will not investigate this complaint because there is insufficient evidence of fault by the Authority. The scheme rules say a person must wait to receive confirmation of eligibility before scrapping the car. Mr X scrapped his car before getting confirmation he was eligible for a grant. The rules do not allow an award for a car that has been scrapped before someone submits an application.
  4. The terms and conditions say the Authority can review the operation of the scheme and make changes it deems necessary. The Authority decided to change the scheme in August, partly because it received additional funding. In addition, the change in eligibility was not retrospective but only applied to new applications after the rule change was implemented.
  5. The Authority’s decision reflects the rules so there is no reason to start an investigation. I appreciate Mr X disagrees with the decision but we are not an appeal body and we cannot ask the Authority to make a payment to Mr X when that would be contrary to the operation of the scheme.

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Final decision

  1. We will not investigate this complaint because there is insufficient evidence of fault by the Authority.

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Investigator's decision on behalf of the Ombudsman

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