The Ombudsman's final decision
Summary: We cannot investigate this complaint about a taxi license being revoked because Miss Y has used her right to appeal the revocation and the matter is being considered by the courts.
The complaint
Miss Y complained the Council wrongly revoked her taxi license. Miss Y says that the Council ought to have considered evidence presented at court and she is now unable to work and in financial distress.
The Ombudsman’s role and powers
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y’s taxi license was revoked in August 2025. She appealled to the Magistrates Court. While she may have to wait for a hearing, as Miss Y has used her right to appeal, we do not have the power to investigate, as explained in paragraphs two and three. Consequently, we will not investigate.
Final decision
We cannot investigate Miss Y’s complaint because Miss Y has used her right to appeal the revocation and the matter is being considered by the courts.
Investigator's decision on behalf of the Ombudsman