Summary: We will not investigate this complaint about the Council’s requirement for Mr X to apply for a new private hire driver’s licence after his expired in 2022. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council requiring him to apply for a new licence following the expiry of his in April 2022. He says he wasn’t given clear reminders about how to renew his licence.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant. I have also considered the Council’s licensing policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X had a licence for a private hire driver issued by the Council. In November 2021 the Council changed its licensing policy, requiring drivers to have a DBS check every six months in line with Government requirements. All current licence holders were informed of this by letter and told that if their licence expired before they submitted a valid certificate and proof of DBS subscription, they would have to apply for a new licence rather than a renewal.
6. The Council wrote to Mr X in January 2022 advising him that his current licence expired in April. It says he replied on 21 March informing them that he was awaiting his DBS certificate. He did not provide the evidence of a certificate or subscription by the due renewal date of 22 April and so his licence expired.
7. Mr X complained to the Council, he believes he was not given sufficient information about his licence renewal. The council told him that he received a standard reminder letter three months before expiry and that licence holders are responsible for ensuring they have the required certificate and subscription according to its policy.
8. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. There is no evidence of fault in the licensing process and Mr X will be required to apply for a new licence according to its policy.

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Final decision

9. We will not investigate this complaint about the Council’s requirement for Mr X to apply for a new private hire driver’s licence after his expired in 2022. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman