Local Government Ombudsman

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Stockton-on-Tees Borough Council (05C00777)

Licensing                                       Maladministration causing injustice

04 December 2006

The Council changed its procedure for hackney carriage licensing for used vehicles so that applicants had to provide a vehicle registration document with their application instead of later. The change was decided without consultation with either of the two local taxi associations, but the secretaries to each association were told about the change at separate meetings held a few days after it was introduced. The Council then issued a newsletter implying that the change had been discussed with and agreed by the associations.

Although there is no legal requirement for the Council to consult, its own constitution and publicity commits it to effective consultation and going beyond Government requirements.

After the change in practice and before the taxi associations had been told, a taxi driver, ‘Mr Oak’ (not his real name for legal reasons), bought a used vehicle to replace his licensed vehicle that was written off in a crash. The change in practice meant that he had to wait a month before the second vehicle was licensed. The information that the taxi driver gave to the Ombudsman about being unable to work for over a month turned out to be not entirely correct.

The Ombudsman has found that although the Council was entitled to change its practice there was maladministration in:

  • failing to consult the associations contrary to its policy and publicity;
  • failing to give taxi drivers adequate notice; and
  • publishing a misleading article implying that the associations had agreed to the change.

If the Council had consulted and given adequate notice, the taxi driver who complained may have been able to avoid losing business and income.

The Ombudsman finds maladministration and the Council has agreed to pay the taxi driver £250 in recognition of the injustice to him. The Ombudsman recommends that the Council should also meet the taxi associations to discuss an alternative proposal, and publish an accurate report of that meeting and the Council’s response to the proposal.

Date Published: 14/01/09