Summary: We will not investigate this complaint about a change in the Council’s Taxi Policy affecting a licence renewal because there is no evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council’s change in its Taxi Policy meant the Disclosure and Barring Service (DBS) check he currently held was no longer accepted.
2. He states he was only notified of this change when applying for his licence renewal and complains about the delay in arranging a DBS appointment to do this. He wants compensation for any days of lost work due to not being able to renew his licence in time.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I read the complaint and correspondence between Mr X and the Council.
5. I considered the Council’s Taxi Licensing policy on its website and the consultation report.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X made an application to renew his licence in January 2022 and was told about the change in the Taxi Policy which required DBS checks to be made with the relevant council. As Mr X’s was issued by the County Council, rather than the District Council, it would not be accepted.
8. He stated he was not made aware before applying and believes the Council’s decision to make this change was incorrect and unreasonable.
9. According to the Council’s website, there was a consultation on proposed changes to its Taxi Policy between February and March 2021. It was available for public comment and sent to licence holders, and all local authorities in Oxfordshire and neighbouring local authorities.
10. Comments received were considered when creating the final policy and the General Licensing Committee discussed the results of the consultation before approving the changes, which came into effect June 2021.
11. Whilst Mr X disagrees with the change relating to DBS checks, it is not our role to question whether it is right or wrong.
12. There is no evidence of fault in the way the Council determined its policy. In the absence of fault, we cannot consider the merits of the decision, or intervene to substitute an alternative view.
13. Mr X also complains about the time it took for the Council to arrange an appointment for him to apply for a new DBS check, as his licence was due to expire in February 2022.
14. In the Council’s response to Mr X, it points out that it recommends 3 months for an application to ensure it can deal with any issues whilst existing licenses are still valid. It sent him a renewal reminder letter in October 2021. He applied for his licence renewal in January 2022. The delay in deciding Mr X’s application did not therefore result from fault on the Council’s part.
15. There are no grounds for the Ombudsman to investigate the complaint as it is unlikely we will find fault in the Council’s actions.

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Final decision

16. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman