Summary: Mr X complains the Council breeched court agreements and delayed the handling of his case about the alleged wrongful suspension and then revocation of his taxi licence. He says this has caused him an injustice as he feels he has been treated unfairly and this has affected him financially and otherwise. The matters Mr X asks the Ombudsman to investigate are outside our jurisdiction. Therefore, we are discontinuing this investigation.

The complaint

1. Mr X complains that the Council:

• Wrongly suspended his taxi licence
• Shared his personal information with a family member
• Failed to attend at court on occasion(s), delaying the resolution of his case.
• Breached court ordered agreements.

2. He says the above has caused him injustice because he has been unable to operate as a taxi driver without ever fully understanding the reasons why. This has cost him financially. He says the way the Council has handled events has also caused him embarrassment in his community, affecting his ability to work.

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The Ombudsman’s role and powers

3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
6. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
7. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

8. I read the complainant’s file and corresponded with him via email. Mr X had an opportunity to comment on my draft decision to discontinue.

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What I found

9. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
10. We cannot investigate matters if someone has been to court about the matter.
11. From reviewing Mr X’s complaint file, it appears that Mr X has been to court about the loss of his taxi licence.
12. He says he is aggrieved by the way the Council has approached the ongoing court case, sometimes seeking adjournments at short notice.
13. He says he has always abided by court orders and considers the Council should do the same.
14. These appear to be issues that fall to be considered by a court, not the Ombudsman.
15. I asked Mr X to respond to me, by 1 August 2020, explaining why he considers the Ombudsman has jurisdiction to investigate this matter. I did not receive a response. Mr X was also given an opportunity to respond to my draft decision to discontinue. He did not do so.
16. If Mr X wishes to pursue his complaint about the Council’s alleged breach of his personal data, this would be a matter for the Information Commissioner, not the Ombudsman.
17. I am therefore discontinuing this investigation.

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Final decision to discontinue

18. I have decided to discontinue this complaint for the reasons set out above.

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Investigator's decision on behalf of the Ombudsman