Summary: We cannot investigate this complaint about inaccurate information provided to the complainant by a private complaint, about an application he made to TfL for a private hire vehicle licence. This is because TfL is not responsible for the actions of the private company.

The complaint

1. The complaint, who I will call Mr X, complains that he was given inaccurate information by a private company for whom he paid a fee to in exchange for support in applying for a private hire vehicle licence. Mr X says his application was subsequently refused and he has lost over £300 he paid to the company.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something an Authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I cannot investigate Mr X’s complaint. This is because the information was provided to Mr X by a private company and not TfL. The Ombudsman cannot investigate a complaint when a body, such as TfL, is not responsible for the issue being raised.
8. Furthermore, the complaint is late. The events happened in 2017, but Mr X did not raise the matter with TfL until July 2019, almost two years later.

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Final decision

9. I cannot investigate Mr X’s complaint because TfL are not responsible for the actions of the private company.

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Investigator's decision on behalf of the Ombudsman