Transport for London (22 012 262)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 03 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Transport for London’s decision not to issue Mr X with a private hire licence. This is because Mr X has right of appeal to the magistrate’s court and it would be reasonable for him to use it.
The complaint
- Mr X complained that Transport for London assured him his vehicle met the criteria to be approved for a private hire licence, however it went on to reject his application.
- Mr X says he has been put to inconvenience and financial loss due to Transport for London’s actions.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the Mr X and the Authority.
- I considered the Ombudsman’s Assessment Code.
My assessment
- People wishing to operate a private hire vehicle must apply to Transport for London (Tfl) for a licence. Applicants who are rejected can appeal the decision at the magistrate’s court.
- Mr X says he contacted Tfl to check if a vehicle he was considering buying met the criteria to be granted a private licence hire. Mr X says he was advised that the vehicle was satisfactory and he bought the vehicle on the strength of Tfl’s advice.
- Mr X then applied for a private licence and Tfl rejected his application stating that the vehicle did not meet the eligibility criteria. Mr X appealed Tfl’s decision but it maintained the vehicle did not qualify for a licence.
- Mr X remains unhappy with Tfl’s decision and wants us to find it at fault. The Ombudsman will not usually investigate a complaint where the complainant has appeal rights. Tfl’s decision carries with it a right of appeal to the magistrate’s court. It would therefore be reasonable for Mr X to exercise his appeal rights.
Final decision
- We will not investigate Mr X’s complaint because Mr X has a right of appeal to the magistrate’s court and it would be reasonable for him to use it.
Investigator's decision on behalf of the Ombudsman