Adur District Council (22 007 394)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 05 Oct 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about information a Council officer provided to the Licencing Committee. This is because further investigation would not lead to a different outcome.
The complaint
- The complainant, who I will call Mrs X, complains about information a Council officer provided to the Licencing Committee, during a meeting to consider changes to the Council’s taxi licencing policy. Mrs X says the officer gave inaccurate information in order to push through the changes to the policy and that the Council should apologise and recognise the need to provide accurate information to committees in the future.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In responding to Mrs X’s complaint, the Council reviewed a recording of the meeting and found no evidence that the officer deliberately misled the committee in order to push through the policy changes. It did however note that one of the answers provided could have been misinterpreted and reminded staff of the importance of providing accurate information.
- Having considered the Council’s response and reviewed the recording of the meeting I consider that the steps the Council has taken are appropriate and proportionate and therefore I do not consider that further investigation would lead to a different outcome. We would not recommend the Council apologises to Mrs X because she has not demonstrated that the issues raised have caused her a direct personal injustice. Whilst I note that the changes to the Council’s policy may impact her role as a taxi licence holder, it would be speculative to suggest that the changes to the policy would not have been approved if the officers answers to the committee had been clearer.
Final decision
- We will not investigate Mrs C’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman