Summary: We will not investigate this complaint that the Authority delayed renewing the complainant’s taxi licence causing a loss of earnings. This is because there is insufficient evidence of fault by the Authority.

The complaint

1. The complainant, whom I refer to as Mr X, complains he lost about £3000 in earnings because the Authority delayed renewing his taxi driver licence. Mr X wants the Authority to compensate him for his loss of earnings.

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The Ombudsman’s role and powers

2. 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 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and letters to the Mayor and Mr X’s MP. I also considered our Assessment Code.

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My assessment

4. Mr X’s licence was due to expire in March 2023. A driver can only work if they hold a current licence. The Authority sent Mr X a renewal pack on 21 November 2022. Mr X started the renewal process on 21 January but did not complete it. The Authority sent a reminder on 23 January. Mr X submitted the renewal on 28 February; this was 29 days before his licence was due to expire.
5. The Authority must be satisfied an applicant meets the group two DVLA medical standards. Mr X’s GP had said Mr X was fit to work but the Authority had to request additional medical evidence to assess if Mr X meets the group two standard.
6. The Authority issued a new licence in mid-May. The Authority took 11 weeks to complete the process. The Authority declined to pay compensation to Mr X.
7. Mr X says the Authority delayed renewing his licence due to incompetence. He says the Authority did not need to request additional medical information because his GP had confirmed he is fit to work. Mr X wants the Authority to pay for his loss of earnings.
8. I will not start an investigation because there is insufficient evidence of fault by the Authority. The policy says drivers can renew their licence up to four months in advance. The policy also says the Authority cannot guarantee to renew a licence before the expiry date if drivers do not allow sufficient processing time. The Authority sent the renewal pack in November. The renewal process took 11 weeks. Mr X would have received a new licence before expiry if he had submitted the application in November.
9. Mr X says the Authority asked for unnecessary medical information which caused delay. But, the policy states the Authority must be satisfied the driver meets the group two standard which is a higher standard than a statement that someone is fit to work.
10. The way the Authority handled the renewal reflects the policy and there was no delay. I appreciate Mr X lost some earnings but there is nothing to suggest this was due to fault by the Authority and there is no reason to start an investigation.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Authority.

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Investigator's decision on behalf of the Ombudsman