Summary: The Ombudsman will not investigate this complaint about the Authority’s decision not to give the complainant a test paper for a taxi driver exam. This is because the complainant can complain to the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Authority will not give him his test paper for an exam he took as part of his application to become a taxi driver.

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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 there is another body better placed to consider this complaint. (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 invited Mr X to comment on a draft of this decision.

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What I found

Topological exam

5. As part of the application process to become a taxi driver people must pass a topological assessment. The pass mark is 60%. If they fail the exam they cannot become a taxi driver.
6. The test papers are exempt from disclosure under the Data Protection Act.

What happened

7. Mr X took the topological exam. He scored 23%.
8. Mr X did not think the result was correct. He asked the Authority for his test paper so he could see where he had gone wrong and discuss it with his trainer. In response, the Authority explained that all tests go through a quality assurance process. It gave him a breakdown of his score for each section but explained that it could not share the test paper with him due to the Data Protection Act.
9. Mr X disagrees with the Authority’s response. He wants to see the paper so he can see what he did wrong.

Assessment

10. The Authority says it cannot give Mr X the test paper due to the Data Protection Act. If Mr X thinks the Authority’s position about this is wrong he can contact the Information Commissioner. The Information Commissioner is the appropriate body to consider complaints about data protection. The Information Commissioner can decide if the Authority is correct to say that it cannot disclose the test paper to Mr X.

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Final decision

11. I will not start an investigation because Mr X can complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman