Summary: We will not investigate this complaint about the way the Council revoked Mr X’s taxi licence. This is because it was reasonable to expect Mr X to use his legal right to appeal to the magistrates’ court against the revocation of the licence.

The complaint

1. In summary, Mr X complains the Council’s decision to revoke his taxi licence was based on inaccurate and false information. And that he has been treated in a racist and discriminatory manner.
2. Mr X says he was informed he would be able to appeal to the Council’s Licensing Committee before able to appeal to court but this option was denied to him. Mr X says he has lost his sole livelihood which has had a ‘devastating’ effect on his mental health and family.
3. Mr X would like his licence reinstated and compensation for his legal costs and lost earnings.

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The Ombudsman’s role and powers

4. 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 have gone to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. The Council decided that Mr X’s licence should be revoked immediately. It deemed him to be in breach of the licence terms and conditions. This was due to him accepting work at a music festival outside of the Council boundaries in another area.
7. Mr X says he was unaware of this rule. Mr X says he has been subject to racial discrimination both by the Police and the Council. This was after an incident taking place at the music festival and the Police becoming involved.
8. In its response to Mr X’s complaint, the Council wrote that its correct procedures had been followed and Mr X had been informed of his right to appeal to the Magistrates Court. It refuted discriminating against him on the grounds of his race.
9. We will not investigate this complaint. Where the Council refuses an application to grant a licence its ‘Private Hire Licensing Handbook’ handbook says there is an option to appeal to the Licensing Committee and thereafter to the Magistrates Court. But it does not state this option for revocation. So even if an officer was mistaken in advising Mr X of the Licensing Committee appeal option I am satisfied he was made aware of his statutory appeal rights to the Magistrates Court and it was reasonable to expect him to use it. That Mr X chose not to proceed with his appeal does not mean the Ombudsman can now intervene.

10. While we have discretion to disapply the rule outlined in paragraph four, Mr X has not provided good reason to show it was not reasonable to expect him to use his statutory right of appeal. I note he says he could not afford legal fees but legal representation is not required to lodge an appeal with the Magistrates Court.

11. Mr X complains the Council has discriminated against him but my view is that the Equality Act is not relevant to these issues. It is open to Mr X to take his own action in the county court if he considers he was discriminated against. Overall however, the way the Council dealt with Mr X could have been raised via an appeal to the Magistrates Court and it was reasonable to expect him to do so.

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Final decision

12. We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court if he was unhappy with any aspect of the Council’s decision to revoke the licence.

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Investigator's decision on behalf of the Ombudsman