Summary: We cannot investigate this complaint about the Council’s decision to revoke the complainant’s taxi licence. This is because the complainant appealed to the court which reinstated his licence. We have no remit now to intervene.

The complaint

1. In summary, Mr X complains about the Council revoking his licence unfairly. He said he had to resort to legal action to get his licence back .
2. He says he and his family suffered emotionally and financially for over a year and he has not received any compensation or apology from the Council.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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My assessment

6. We have no powers to consider matters connected to issues already decided in court even if Mr X is seeking an outstanding apology and/or compensation.

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Final decision

7. We will not investigate Mr X’s complaint because it has already been decided in court.

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Investigator's decision on behalf of the Ombudsman