Buckinghamshire Council (20 012 511)
The Ombudsman's final decision:
Summary: Mr X complains about delay by the Council in renewing his badge which allows him to be a school transport driver. Mr X seeks compensation from the Council for lost earnings. We will not investigate as it is reasonable to expect Mr X to take court action for the compensation he seeks.
The complaint
- Mr X complains about delay by the Council in renewing his badge which allows him to be a school transport driver. Mr X seeks compensation from the Council for lost earnings from February 2019 to March 2020.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I have considered what Mr X said in his complaint and sent him my draft decision on it for his comments. I have considered the comments Mr X made in response.
What I found
- Mr X complains about delay by the Council in renewing his badge which allows him to be a school transport driver. Mr X says he applied to have his badge renewed in February 2019 but received no response until March 2020 when the Council granted an extension to allow him to continue to drive. Mr X says this is despite him contacting the Council during this time and him being told the badge was going to be sent out to him.
- Mr X complains this delay left him without an income from February 2019 until March 2020. Mr X seeks compensation from the Council for his lost earnings.
Analysis
- Mr X has the right to make a court claim for the compensation he seeks and we cannot normally investigate when someone can take the matter to court.
- We can exercise discretion to investigate but I do not consider there are reasons to do so in this case. This is because Mr X’s solicitor has told the Council it is taking the case to court so it is reasonable to expect Mr X to proceed with his legal remedy. The complaint is therefore outside our legal remit.
Final decision
- My decision is we will not investigate this complaint. This is because it is reasonable to expect Mr X to take court action for the compensation he seeks.
Investigator's decision on behalf of the Ombudsman