Summary: We cannot investigate Mr X’s complaint the Council has revoked his taxi licence following an incident at a taxi rank. We cannot lawfully investigate because Mr X is using his court remedy against loss of his taxi licence. There is no other injustice which the Ombudsman could investigate.

The complaint

1. Mr X complains the Council has acted unfairly and unlawfully in revoking immediately his taxi licence. Mr X says the Council may have been influenced by a complaint he made earlier this year about taxi rank problems and abuse of drivers. Mr X says the Council’s neglect of duty and corruption has caused the circumstances which led to the incident resulting in the revocation of his licence. He wants the Council and police to enforce traffic laws. Mr X says he has lost his income, suffered reputational damage and harm to his health. He wants the Council to reinstate his licence and apologise for what happened to him.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 have considered Mr X’s information, comments, and reply to my draft decision statement. The information includes photographs of the taxi ranks. I have spoken to Mr X to clarify the position regarding his legal remedy.

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My assessment

5. I will not investigate this complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction (see paragraphs 2 and 3 above). Mr X had a right of appeal to the Magistrates Court against the Council’s decision to revoke his licence.
7. I consider it reasonable that Mr X use his legal remedy. Mr X tells me he is using his legal remedy and has a court date.
8. The Ombudsman cannot lawfully investigate anything to do with Mr X’s loss of his taxi licence or the surrounding circumstances. This includes the actions of the licencing committee and the incident at the taxi rank involving Mr X.
9. There is no injustice to Mr X which the Ombudsman could investigate which is separable from his licence.

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Final decision

10. The Ombudsman cannot investigate Mr X’s complaint the Council has revoked his taxi licence following an incident at a taxi rank. We cannot lawfully investigate because Mr X is using his court remedy against loss of his taxi licence. There is no other injustice which the Ombudsman could investigate.

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Investigator's decision on behalf of the Ombudsman