LGO (Local Government & Social Care Ombudsman) Not Upheld

Transport for London

21-010-919 · Transport And Highways › Other · Decision date: 09 August 2022 · View Transport for London scorecard

Full Decision

The Ombudsman's final decision

Summary: Mr X complained the Authority refused to pay him a scrappage scheme grant it had offered him under its Light Van Scrappage Scheme. We have discontinued this investigation. This is because the Authority agreed to pay the grant and further investigation is unlikely to lead to a different outcome.

The complaint

Mr X complains Transport for London (TfL) withdrew the grant it offered him for a van he scrapped as part of its scrappage scheme. He says he leased a new van believing the grant would cover the cost. Mr X said he was delayed in providing the necessary evidence due to circumstances outside his control. Mr X says this left him financially disadvantaged.

Mr X wants the Authority to pay him the grant it originally offered.

The Ombudsman’s role and powers

The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6))

How I considered this complaint

I spoke to Mr X about his complaint and considered the information he provided.

I considered information and evidence provided by the Authority.

Mr X and the Authority had the opportunity to comment on the draft decision. I considered comments before making a final decision.

What I found

Scrappage Scheme The Authority’s Light Van Scrappage Scheme (the scheme) provided grants to eligible businesses towards the costs of replacing existing light vans which did not meet the standards for London’s Ultra Low Emissions Zone.

The scheme had a two-stage application process: Stage 1 – Eligibility checks and approval to replace an old vehicle under the scheme.

Stage 2 – Disposal of an existing vehicle and evidence of purchase or lease of a qualifying new vehicle.

At Stage 1, applicants had to provide the following evidence of their old vehicle: The Vehicle Registration Document.

A current certificate of motor insurance.

A current MOT certificate.

If the old vehicle was eligible for a grant under the scheme, applicants then had to provide further evidence of the disposal and replacement of the vehicle within six months of approval under Stage 1. Applicants had to provide a certificate of destruction for the old vehicle and the following evidence for the replacement for Stage 2: The Vehicle Registration Document.

Proof of purchase or lease/hire agreement.

A current certificate of insurance.

The Authority makes the grant payment only if the required evidence is provided within the stated timescales.

What happened Mr X applied to the Authority’s vehicle scrappage scheme in July 2020. The Authority approved the request at Stage 1 and requested Mr X provide the evidence required at Stage 2 within six months.

Mr X scrapped his van in October 2020. He obtained a quote for a new van in January 2021, but the supplier told him there would be a delay in delivery due to supply chain issues. At the same time Mr X was diagnosed with health-related problems, which he says impacted his ability to pursue the matter.

In February 2021 Mr X told the Authority of the delay and the Authority extended the deadline by 30 days.

Mr X completed the order for the van in March 2021 and sent evidence of the lease to the Authority. The Authority requested the Vehicle Registration Document and certificate of insurance in April 2021, but Mr X was unable to provide this as the van had not been delivered. Mr X asked the Authority to grant an extension. The Authority said it would consider this and respond within 10 days.

In May 2021 Mr X messaged the Authority requesting an update about the extension. He did not receive a response until June 2021 when the Authority told him it had withdrawn the grant as he had not provided the Stage 2 evidence in time.

Mr X submitted an appeal to the Authority in June 2021. The van was delivered to him in July 2021. The Authority told Mr X in August 2021 that it had refused his appeal because 12 months had passed since his original application.

Mr X provided the missing Stage 2 evidence in August 2021. The Authority responded in September 2021 and said it would not issue the grant as the terms of the agreement had not been met.

Mr X complained to us, and during our enquiries the Authority reviewed the matter and decided it would exercise discretion and issue the grant to Mr X.

As the Authority has now agreed to pay Mr X the grant, further investigation is unlikely to lead to a different outcome. Therefore, I ended the investigation.

Final decision

I have ended my investigation. This is because the Authority has said it will pay Mr X the grant, and further investigation is unlikely to lead to a different outcome.

Investigator's decision on behalf of the Ombudsman