Summary: The Ombudsman will not investigate this complaint about an examination the complainant took as part of his application to become a licensed taxi driver. This is because there is insufficient evidence of fault by the Authority.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the outcome of a test he took as part of his application to get a taxi driver licence. Mr X wants the Authority to re-mark the test or award two more points.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and checked with the Authority that two different examiners marked the test. I considered comments Mr X made in reply to a draft of this decision.

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What I found

4. As part of the application process the applicant must pass a topological test. The pass mark is 60%. Each test paper is marked by two different examiners.

What happened

5. Mr X took the topological test. Before the test he did a lot of training and practiced for many hours. Mr X scored 58% which meant he failed the test.
6. Mr X says the Authority marked his test unfairly. He does not believe he could have failed because he did so much training. Mr X wants the Authority to re-mark the test or give him another two points so that he passes.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Authority. I have seen a document which shows two examiners marked Mr X’s test and confirmed a score of 58%. The Authority followed the correct process and there is nothing to suggest fault in the way the score was reached. There is no reason to ask the Authority to mark the test for a third time and no grounds to ask it to award another two points. Mr X may be convinced he passed the test but this conviction is not evidence of fault by the Authority. I have seen the paper which shows that for some sections or questions Mr X scored no points. This, not surprisingly, reduced his total score.
8. The Ombudsman does not act as an appeal body and cannot mark topological exams.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Authority.

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Investigator's decision on behalf of the Ombudsman