Summary: The Ombudsman will not investigate this complaint about an exam 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. In addition, the complainant can complain to the Information Commissioner about the Authority’s refusal to give the complainant his completed test paper.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Authority’s decision that he failed the topological exam. He also complains about the Authority’s decision not to give him a copy of his completed test paper.

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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)
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I read the complaint and the Authority’s responses. I confirmed Mr X’s test paper was marked by two different examiners. I invited Mr X to comment on a draft of this decision.

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What I found

5. 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.
6. The test paper is exempt from disclosure under section 9(1) of schedule 7 of the Data Protection Act.

What happened

7. Mr X took the topological test. He scored 35% which meant he failed the test.
8. Mr X contacted the Authority because he did not think the score was correct. He explained he had done a lot of preparation before taking the exam. He asked for a copy of the test paper.
9. In response the Authority explained that it was exempt from providing a copy of the paper. It provided a breakdown of his scores which included the fact that for one section he scored 13 out of 75 points. It also explained that the papers are marked by two examiners.

Assessment

10. 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 35%. 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. Mr X may be convinced he passed the test but this conviction is not evidence of fault by the Authority. The Ombudsman does not act as an appeal body and cannot mark topological exams.
11. Mr X wants a copy of his test paper. He wants to check the section for which he scored 13 points. However, the Authority has explained that it is exempt from disclosing this document. Mr X can complain to the Information Commissioner if he thinks the Authority is wrong to say the paper is exempt from disclosure. It is reasonable to expect Mr X to contact the Information Commissioner because that is the appropriate body to consider complaints about the disclosure of information and the data protection act.

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Final decision

12. 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