Summary: We will not investigate this complaint about how the Council dealt with an application for a private hire taxi licence. This is because further investigation would not lead to a different outcome.

The complaint

1. The complainant who I will call Mr X, complains that the Council delayed issuing him with a private hire taxi licence causing him wasted fees and a loss of earnings.

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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 further investigation would not lead to a different outcome, (Local Government Act 1974, section 24A(6))
3. 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 go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. In July 2020, the Council approved Mr X’s application for a private hire taxi licence and sent the appropriate documentation and badges in the post. Mr X did not receive them so called the Council. Nine months later, when the items were still not received, he complained.
7. I will not investigate Mr X’s complaint because an investigation by the Ombudsman would not lead to a different outcome. The delay in resending the licence documents and badges is likely to have caused Mr X some distress in the form of frustration. However, the Council have now resent the items to Mr X and offered to refund his application fee of £205. This is an appropriate and proportionate response.
8. Mr X wants the Council to refund a fee he paid for vocational training, because he no longer wants to drive a taxi. However, this is not something we would recommend as his decision to no longer drive a taxi is one that he has made and cannot be attributed to any fault by the Council.
9. Mr X also wants the Council to compensate him for loss of earnings. However, this is a matter best dealt with by the court who can establish whether the Council has been negligent and award damages in this regard.

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Final decision

10. We will not investigate Mr X’s complaint because investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman