The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse an application for a grant under the Clean Air Zone Scheme. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, who I will call Mr X, complains that the Council refused his application for a grant under the Clean Air Zone scheme, because his new vehicle did not meet the necessary criteria. Mr X says he purchased the vehicle based on information provided on the Council’s website and therefore his application should be approved.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council operates a Clean Air Zone scheme and offers people the opportunity to apply for a grant which refunds part of the cost of purchasing vehicles that meet certain emissions criteria. The Council publishes the criteria on its website and has a link to a government website where people can search to see if a new vehicle meets the eligibility criteria.
Mr X says that he checked the eligibility of a vehicle on the link shown on the Council’s website, and it showed the vehicle would be eligible for a grant, so he purchased the vehicle. He subsequently applied for a grant, but the Council refused his application because the vehicle did not meet the necessary criteria.
I will not investigate Mr X’s complaint, because there is insufficient evidence of fault by the Council. Whilst it is unfortunate that the information on a government website may have incorrectly suggested Mr X’s vehicle would be eligible, I cannot hold the Council responsible for the accuracy of external websites. The information published on the Council’s website did correctly explain the emissions criteria to be eligible for the scheme and the Council has correctly assessed Mr X’s application against that criteria. Furthermore, I note that the Council does advise people on its website to await the outcome of their application before purchasing a vehicle.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman