Summary: Mr X complained Transport for London wrongly refused to accept a medical declaration form completed by a private doctor and delayed in renewing his private hire driver’s licence. There is no evidence of fault in the way the Transport for London considered Mr X’s application renew his private hire driver’s licence.

The complaint

1. The complainant, whom I shall refer to as Mr X complained Transport for London wrongly refused to accept a medical declaration form completed by a private doctor and delayed in renewing his private hire driver’s licence. This meant he was unable to work between October 2020 and August 2021 causing him financial difficulties.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether an authority’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an authority’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)

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How I considered this complaint

4. As part of the investigation, I have:
• considered the complaint and the documents provided by Mr X;
• made enquiries of the Authority and considered the comments and documents the Authority provided;
• discussed the issues with Mr X; and
• Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Key facts

5. Mr X applied to renew his private hire driver’s licence in August 2020. The Authority carried out an initial assessment and asked Mr X to provide evidence he had applied for the enhanced criminal records check. The Authority also noted that the medical declaration for Mr X’s previous application was completed by a GP who was under investigation by the General Medical Council.
6. The Authority advised Mr X that the GP was being investigated on suspicion of knowingly completing medical forms without carrying out a proper medical assessment and having access to an applicant’s full medical records. As a result, the Authority could not confirm whether Mr X met the medical requirements and was not therefore satisfied he was medically fit to be licensed. On this basis it was minded to refuse Mr X’s application. The Authority invited Mr X to submit a new medical form completed by his own registered GP so that it could review his overall fitness to be licensed.
7. Mr X told the Authority his GP was unable to complete the medical form as they were not carrying out appointments for any private work due to the COVID-19 pandemic. He asked the Authority to renew his licence and when the COVID-19 restrictions were relaxed he would provide the medical declaration.
8. The Authority confirmed it could not extend Mr X’s licence as it was unable to confirm his medical fitness as his previous medical declaration was completed by a doctor of concern.
9. Mr X did not contact the Authority again until April 2021, when he submitted a new medical declaration. The Authority considered the information and informed Mr X it needed further information to confirm his medical fitness. It noted a private GP, rather than Mr X’s registered GP had completed the declaration, and they had not confirmed they had access to his full medical records. The Authority was concerned this may not be an accurate reflection of Mr X’s health and asked him to submit a new declaration completed by his registered GP.
10. Mr X disputed the need for the medical declaration to be completed by his registered GP. He noted the declaration document stated it should be completed by a registered medical practitioner who has access to his full medical records. There was no requirement for it to be his registered GP, who was still not taking appointments for private medicals. The Authority reiterated it had asked for Mr X’s registered GP to review the declaration as it had concerns about whether the private GP had Mr X’s full medical records.
11. In June 2021 Mr X submitted a further medical declaration completed by another GP. The Authority again had concerns the GP had not had access to Mr X’s full medical records. The GP had confirmed they had only partial access to Mr X’s medical records. The Authority asked for confirmation from Mr X’s registered GP that the information in the declaration was an accurate reflection of his health and that they have access to his full medical records.
12. The assessing GP completed an additional medical information form. As this referred to a musculoskeletal condition the Authority asked additional information on the condition and prognosis. It also asked for more information about another condition referred to on the form, as the initial note was illegible. The GP provided this information and in August 2021 the Authority completed its assessment and issued a private hire driver’s licence.
13. Mr X is unhappy with the way the Authority has dealt with his application and has asked the Ombudsman to investigate. He states he was unable to work between October 2020 and August 2021 which caused him financial difficulty. He would like the Authority to compensate him for his lost earnings.
14. In response to my enquiries the Authority states it must be satisfied that all licensed drivers are medically fit to transport the travelling public. Applicants must complete a medical declaration and must meet the DVLA Group 2 medical standards. The Authority states that in 2015 it became aware that some private doctors were completing the declarations without having access to the applicant’s full medical records.
15. As Mr X’s previous medical declaration was completed by one of the doctors of concern the Authority needed Mr X to provide a further medical declaration completed by a GP with access to his full medical records. It was concerned that the GPs completing the declarations in April and June 2021 did not have access to Mr X’s full medical records
16. The Authority acknowledges the application took longer than Mr X would have liked, but it considers it acted in a timely manner throughout the process. It reviewed the information Mr X provided and provided clear instructions as to what it required to progress the application. The Authority also notes there was a significant delay between October 2020 and April 2021 when it had asked for medical evidence, but nothing was received.

Analysis

17. It is unfortunate that Mr X’s application to renew his private hire driver’s licence took 12 months, but I do not consider this was due to fault on the part of the Authority.
18. Given the concerns about the GP who had completed Mr X’s previous medical declaration it was appropriate for the Authority to request further medical evidence. The Authority’s correspondence and the medical declaration are clear about the information to be provided.
19. While it may be usual for an applicant’s registered GP to complete the medical declaration this is not mandatory, and it can be completed by a private GP. It is however a requirement that the medical practitioner who completes the declaration is in possession of the applicant’s full medical records. The Authority was not satisfied that the GPs in April and June 2021 were in possession of, or had access to, Mr X’s full medical records.
20. The first GP stated Mr X had “brought all his notes printed on A4 paper”, and that they had seen his “full medical history report” while the second GP had access to records from 2018. Neither stated they had access to Mr X’s full medical records. Once the Authority received the further medical evidence it required, it progressed Mr X’s application.
21. There is no evidence of delay on the part of the Authority in considering Mr X’s application to renew his private hire driver’s licence.

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Investigator's decision on behalf of the Ombudsman