Summary: We will not investigate this complaint about the outcome of a test the complainant took as part of his application for a private hire driver’s licence. This is because there is insufficient evidence of fault by the Authority, and he could bring his concerns about access to information to the Information Commissioner’s Office.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the score he received for his topographical assessment he took as part of his application for a private hire driver’s licence.
2. He questions the overall accuracy of the marking process and wants the Authority to provide a copy of the marksheets and papers to ensure transparency.

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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)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X applied for a private hire vehicle driver’s licence. The process requires applicants to undertake a topographical assessment; they have 2 attempts, and the pass mark is 60%.
8. The Authority informed him his score was 40%. He queried this and it apologised as this was incorrect and his score was 52%, but this was still under the pass threshold. It provided a breakdown of his scores against each module and stated all assessments are marked by experienced examiners. The Authority explained that, under the Data Protection Act, it is exempt from providing detailed individual feedback about the exam.
9. We will not investigate this complaint as there is insufficient evidence of fault by the Authority. Whilst Mr X questions his score, it does not mean the Authority marked the test incorrectly. It is noted the Authority made an initial error, but it did not affect the outcome of Mr X’s licence application.
10. If Mr X disagrees the Authority cannot provide more detailed feedback, it is reasonable for him to bring the matter to the attention of the Information Commissioner’s Office as it is better placed than the Ombudsman to consider complaints about data protection and the release of information.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Authority, and Mr X could bring his concerns about access to information to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman