Summary: We will not investigate this complaint that the Council placed restrictions of the complainant’s communications, because there is insufficient evidence of fault by the Council. We cannot investigate how the Council has dealt with the renewal of taxi licences because the complainant has commenced court proceedings regarding this.

The complaint

1. Mr X complains that the Council has withdrawn several taxi licences that his business held. Mr X also complains that the Council has since placed restrictions on his communications with the licencing team.

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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 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))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Mr X’s complaint about the Council’s decisions concerning several taxi licences that his company previously held. This is because Mr X has commenced court proceedings against the Council about this matter.
7. I will not investigate Mr X’s complaint that the Council placed restrictions on his communications. This is because I have seen no evidence to show the Council failed to follow the procedures laid out in its Management of Unreasonable Behaviour Policy before deciding to restrict his contact. It provided Mr X with a warning before implementing restrictions, fully justified and explained why it was implementing the restrictions, told Mr X how long the restrictions would last and told him about how he could appeal the decision, which Mr X chose not to do.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault with the Council’s decision to implement contact restrictions. We cannot investigate Mr X’s complaint about the Council’s decision not to renew vehicle licences because he has commenced court proceedings about this.

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Investigator's decision on behalf of the Ombudsman