The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of concerns he raised about a licenced taxi owner following an accident. This is because there is insufficient evidence of fault.
The complaint
Mr X complains about the Council’s handling of concerns he raised about a licenced taxi owner following an accident. He says the Council only gave the taxi owner a warning, rather than suspending or banning him.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was involved in a road traffic incident with a licenced taxi in late 2023. Mr X reported his concerns about the motives of the driver and his concerns that the driver was trying to commit insurance fraud.
In response to his complaint, the Council confirmed the responsibility for investigating the allegations of fraud was the police as this was a criminal matter. The Council confirmed the licence holder had failed to report the accident to the Council, which was a breach of the licence condition.
An investigation is not justified as we are not likely to find fault. The Council has appropriately dealt with the matter it is responsible for and addressed the issue of the licence holder not telling the Council about the accident.
It is for the Council to decide how to deal with this, in line with its policy. The Council confirmed it had addressed the matter with the driver and I am satisfied the action taken is a private matter between the Council and the driver. We cannot find fault with the Council solely because Mr X disagrees with the action taken.
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