The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council’s clean air zone signs are not adequate and that the charge payment method discriminates against those who do not have the internet or a mobile telephone. There is insufficient personal injustice.
The complaint
Mr X complains the Council’s clean air zone has signs with inadequate information saying pay online. Mr X says this could cause a problem for people who live outside the city and are unaware of the zone or charges. He says the payment method unlawfully discriminates against those who do not have mobile phones or access to the internet. He says this particularly disadvantages people who are older or who have a disability. Mr X says the Council should improve the information on signs and ensure payment methods are available to everyone.
Mr X complains a councillor has twice failed to reply to his letters about the matter. He wrote in June 2021 and July 2022.
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: any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant. I have considered information on the Council’s website about the clean air zone and payment methods. There are photographs of the signs online.
My assessment
I will not investigate this complaint for the following reasons: There is insufficient injustice to investigate. Mr X says: ‘I am not affected by the charge as my vehicle is compliant’.
I will not consider a complaint from him about other people who may be affected. It is possible to pay the charge by telephoning the clean air zone team. Inadequate signs could be challenged at appeal by anyone who had a fine and did not pay within the 13 days allowed (including 6 days after driving in the zone).
Where the Ombudsman is not investigating the substantive complaint we rarely investigate communications or complaint handling. There is insufficient injustice to do so here. I note Mr X dropped the matter for over a year between his first and second letters.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council’s clean air zone signs are not adequate and that the charge payment methods discriminate against those who do not have the internet or a mobile telephone. There is insufficient personal injustice.
Investigator's decision on behalf of the Ombudsman