Summary: We will not investigate this complaint about the way the Council refused Mr X’s application for a taxi licence. This is because it was reasonable to expect Mr X to have used his right to appeal to court.

The complaint

1. Mr X complains about the way the Council turned down his application to become a private hire vehicle driver. He says the Council failed to consider his application fairly.

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The Ombudsman’s role and powers

2. 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 have gone to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

4. Where a council suspends or revokes a license there is a right of appeal to the

magistrates’ court. We have discretion to disapply the rule outlined in paragraph

two where we decide it would be unreasonable to expect a person to go to court.

Mr X has not provided any reasons to show it was not reasonable to expect him to use his right of appeal so we will not investigate this complaint.

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Final decision

5. We will not investigate Mr X’s complaint because it was reasonable to expect him to go to court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman