Summary: The Ombudsman will not investigate this complaint about the complainant’s attempt to renew his taxi driver licence. This is because there is insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the Council’s response when he tried to renew his taxi driver licence.

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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 the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered comments Mr X made in reply to a draft of this decision.

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What I found

Taxi licence policy

4. The policy says the driver must renew their licence before it expires. The Council will not process a renewal application if the licence has expired. The driver will have to submit a new application.

What happened

5. Mr X’s taxi driver licence expired in January 2019. He missed the renewal deadline due to ill-health and a relationship breakdown. Mr X contacted the Council in early February. The Council told him he would need to make a new application. On 11 February the Council sent a text to Mr X which said, “you will need to complete a new driver application as your badge expired in January…”. The text also said he would not need to re-sit the competency test.
6. Mr X completed a renewal application on 25 February. He says he was helped by an adviser. He says he showed her the text message.
7. Mr X says he made many calls to the Council between February and May trying to find out what was happening. He says his calls were not answered and he did not get a response to emails. The Council denies failing to respond to calls or emails.
8. On 23 May the Council told him it had not processed the renewal because he needed to make a new application. It said he would need to take a new competency test.
9. Mr X complained. He said he had been chasing a decision since February but he had not been told the outcome until May. He said an adviser helped with the application and he had showed her the text message.
10. In June the Council asked Mr X to provide his bank details so it could refund the application fee, minus an administration fee. The Council has not received the bank details.
11. In complaint responses, in July and August, the Council told Mr X that he had been told that he needed to make a new application. It agreed it could have told him sooner that it would not process a renewal. It said the adviser provided the help he had requested with the renewal.
12. I asked the Council if Mr X has submitted a new application (not a renewal). The Council told me Mr X has not submitted a new application and he has not held a licence since January.

Assessment

13. I will not start an investigation because there is insufficient evidence of injustice.
14. The Council told Mr X he needed to make a new application because his licence had expired. This is stated in the policy and was explained in the text message. Despite this Mr X submitted a renewal. The Council should have told Mr X, in February or early March, that it would not process the renewal. It should also not have told him he would not have to re-take a test. But, as the Council explained the correct requirements in May, and in the complaint replies, but he has still not submitted a new application, then I cannot say the outcome would have been any different if the Council had given a prompt response to the renewal or correct information in the text. In other words, as Mr X did not submit a new application in May, after being told the Council would not process the renewal, then I cannot say he would have made an application if he had been given this news sooner. Mr X remains unable to work as a taxi driver because he has not submitted a new application as he is required to do.
15. Mr X says he made many attempts to contact the Council to find out what was happening. The Council denies it failed to respond. But, this does not need any investigation because the Council has already accepted it could have responded earlier.
16. Mr X also complains that the Council has not refunded his application fees. This is because the Council is waiting for him to provide his bank details. The Council will make the refund if Mr X provides his bank details.

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Final decision

17. I will not start an investigation because there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman