Torbay Council (21 002 743)

Category : Environment and regulation > Licensing

Decision : Closed after initial enquiries

Decision date : 08 Jul 2021

The Ombudsman's final decision:

Summary: We will not investigate how the Council investigated Ms X’s complaint about a taxi driver. The Council has not caused Ms X injustice and investigation will not achieve what Ms X wants.

The complaint

  1. Ms X complains the Council has not properly investigated her complaint that a hackney carriage taxi driver charged her £6 for a trip without either agreeing a price in advance or using the meter. Ms X says she wanted to know the price but the driver became nasty and aggressive when she asked him to use the meter. Ms X says she wants all taxi drivers to use the meter all the time. She suspects the taxi driver is dishonest and pockets the money.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:
  • there is not enough evidence of fault to justify investigating, or
  • any fault has not caused injustice to the person who complained, or
  • any injustice is not significant enough to justify our involvement, or
  • further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.

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My assessment

  1. I will not investigate Ms X’s complaint. The Council has not caused her an injustice and investigation is not likely to achieve what Ms X wants. The reasons follow:
  2. The Council says it cannot make the taxi driver use a meter all the time because it is lawful to negotiate or agree a price. The Council spoke to the taxi driver and advised him to use the meter. It independently checked the meter and confirmed it is set at the Council’s rate.
  3. Ms X says she repeatedly paid the taxi driver six pounds for a trip. The Council has explained why a lower price can be obtained from private hire companies which set their own fares. Ms X says she ‘never complained about being overcharged’.
  4. The Council says it is aware Ms X reported a driving incident to the police and it considers the police are best placed to investigate. Ms X suspected the taxi driver had stolen a mobile phone but says she did not report that to the police.
  5. Ms X’s complaint to the Council did not say the taxi driver was abusive towards her. She refers to the driver being rude to people in the street.

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Final decision

  1. The Ombudsman will not investigate how the Council investigated Ms X’s complaint about a taxi driver. The Council has not caused Ms X injustice and investigation will not achieve what Ms X wants.

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Investigator's decision on behalf of the Ombudsman

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