Summary: We will not investigate Mr X’s complaint about receiving a warning notice as there is insufficient evidence of fault by the Council. Neither will we investigate Mr X’s complaint about racial abuse as the police are the appropriate organisation to consider the matter.

The complaint

1. Mr X complains the Council issued him with a warning notice for not displaying door crests on his Hackney Carriage Vehicle (HCV) when he was off duty. He also complains the Council failed to act against a person who racially abused him.

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The Ombudsman’s role and powers

2. 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
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

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

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My assessment

5. Mr X is a licensed Hackney Carriage Driver (HCD) and drives a licensed HCV.
6. The HCV licence conditions state all HCVs must display door crests on both front doors of the vehicle.
7. Failure to follow the licence conditions is a breach of the law. The Council can suspend a HCV licence for breaching the licence conditions.
8. A Licensing Enforcement Officer saw Mr X driving his HCV without displaying the door crests, in breach of the licence conditions. The Council issued Mr X with a first and final warning notice.
9. Mr X says he was not working and therefore did not need to display the door crests. He does not believe he breached the licensing conditions.
10. The law states licensing conditions always apply to HCVs.
11. We will not investigate this complaint because the Council have applied the licensing conditions correctly. There is insufficient evidence of fault to warrant an investigation.

Complaint about racial abuse

12. Mr X says he is victim of racial abuse, harassment, and stalking. He wants the Council to investigate.
13. The Council advised Mr X to contact the police as they are the agency that can prosecute individuals for this behaviour. We should not investigate this part of Mr X’s complaint as the police are the appropriate body to consider it.

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Final decision

14. We will not investigate Mr X’s complaint because there is insufficient evidence of fault regarding the Council issuing a warning notice and the police are the appropriate body to consider the allegation of racial abuse.

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Investigator's decision on behalf of the Ombudsman