Northampton Borough Council (20 007 035)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 11 Dec 2020
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council revoking a taxi license. This is because it is reasonable to expect Mr Y to use his right of appeal to the courts.
The complaint
- Mr Y complains the Council has revoked his taxi license after he was involved in an investigation into a crime. He says he is now unable to work.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered the information Mr Y and the Council provided. Mr Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Following a police incident, Mr Y has been under investigation for a criminal offence. Consequently, the Council revoked his license to be a taxi driver.
- Where a council suspends or revokes a license there is a right of appeal to the magistrates’ court. We have discretion to disapply the rule outlined in paragraph two where we decide it would be unreasonable to expect a person to go to court. Mr Y has not provided any reasons to show it is not reasonable to expect him to use his right of appeal so we should not investigate this complaint.
Final decision
- We will not investigate this complaint. This is because it is reasonable to expect Mr Y to use his right of appeal to the courts.
Investigator's decision on behalf of the Ombudsman