The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s introduction of a Traffic Regulation Order limiting access to bus lanes by taxis and private hire vehicles from outside its area. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s decision to limit the access of taxis and private hire vehicles from bus lanes in its area in certain hours. He says he is from outside the area and it is unfair for him to be unable to compete with local operators within the Council's area.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) 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, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says his business has suffered because the Council introduced restrictions on taxis and private hire cars from outside its area in 2021. He is licensed with a neighbouring council and says the restrictions on access to bus lanes means that local taxi firms have a business advantage over drivers from other areas. He feels the restrictions are unfair and should be changed.
The Council introduced the scheme by way of a Traffic Regulation Order in 2021. It says there was extensive consultation and the scheme was a revised one following proposals in 2019 for a total restriction of operators from outside areas using bus lanes. The reason for the order was compliance with Ministerial Directions to implement the EU Ambient Air Quality Directive. It decided that limiting operators travelling from outside the area at certain times would reduce pollution and help to improve air quality.
Mr X was aware of the introduction of the order and initially sought to pursue a judicial review of the decision.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. Instead, we focus on the process by which the decision was made. The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means we will not intervene in disagreements about the merits of decisions.
I can see no evidence to suggest the correct procedure was not followed during the introduction of the Traffic Regulation Order.
Final decision
We will not investigate this complaint about the Council’s introduction of a Traffic Regulation Order limiting access to bus lanes by taxis and private hire vehicles from outside its area. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman