Summary: We will not investigate this complaint about the way Transport for London handled Mr X’s applications for a taxi licence. This is because it was reasonable to expect Mr X to use his right to appeal to the magistrates court against the refusal of the licence.

The complaint

1. Mr X complains that TFL have failed to feedback on how he failed the topographical assessment for his private hire licence. He says he has been caused stress and financial inconvenience in paying for all the different checks required for the licence application.

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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. TFL have advised Mr X that it cannot provide detailed feedback on the assessment outcome. Where TFL refuses a licence there is a right of appeal to the magistrates’ court. We have discretion to disapply the rule outlined in paragraph three 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 is reasonable to expect him to go to court if he is unhappy with any aspect of TFL’s decision to refuse the licence.

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Investigator's decision on behalf of the Ombudsman