Scarborough Borough Council (21 000 164)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 20 Jul 2021
The Ombudsman's final decision:
Summary: We cannot not investigate this complaint about the revocation of Mr Y’s taxi license because Mr Y has appealed to the Magistrates Court.
The complaint
- Mr Y complains the Council revoked his taxi license without following procedures correctly. He says this meant he could not work, causing him financial problems and worry.
The Ombudsman’s role and powers
- The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I considered information provided by Mr Y, the Council and the Ombudsman’s Assessment Code.
My assessment
- The Council revoked Mr Y’s taxi license in January 2020. Mr Y appealed to the Magistrates Court, who then overturned the decision to revoke his license in September 2020.
- Mr Y complained to the Council in February 2021. The Council gave its final response in June 2021, which did not uphold Mr Y’s complaint. Mr Y asked us to investigate. However, we cannot investigate this complaint as Mr Y has already used his right of appeal to the Magistrates Court.
Final decision
- We cannot investigate this complaint because Mr Y has already used his right of appeal to the Magistrates court.
Investigator's decision on behalf of the Ombudsman