The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with taxi licencing matters. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, who I will call Mr X, complains about how the Council dealt with two taxi licencing matters. He complains that the Council’s policy that vehicles used for taxis must have specific livery meant the issuing of his licence was delayed. He also complains about the Council’s decision to refuse him request to be added to another drivers licence. Mr X says the Council’s licencing policy is unfair.
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
I will not investigate Mr X’s complaint that the Council refused to issue him with a licence until the required livery was added to his vehicle and that it has refused to change the date on his licence to when the livery was added. The livery requirement is clearly detailed in the Council’s policy and therefore there is no evidence of fault with how the Council dealt with this matter. The Council fully explained to Mr X why it would not change the issue date on his licence.
I will also not investigate Mr X’s complaint that the Council refused to add him to another drivers licence. The Council sought legal advice when making its decision and fully explained the reasons for making its decision. Therefore there is no evidence of fault in how the Council dealt with Mr X’s request.
Mr X says the Councils’ taxi licencing policies are unfair. However, it is for the Council to decide what policies it adopts and we cannot criticise councils when they have acted in accordance with a policy.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault with how the Council dealt with the matters.
Investigator's decision on behalf of the Ombudsman