Summary: We will not investigate this complaint about the authority’s decision to revoke a taxi licence. It was reasonable for Mr X to appeal the decision to the magistrates court and he successfully appealed the decision.

The complaint

1. Mr X complained about the authority decision to revoke his taxi licence in 2023 because he did not provide sufficient medical information to satisfy the requirement that he was a ‘fit and proper person’. As a result he says that he could not work for a time when his licence was ended and he cannot afford to renew the licence which expired in May. He wants the authority to compensate him for his costs and loss of income.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X says his taxi licence was revoked in March 2023 following requests from the authority to provide details about his health which had bene referred to by his GP on an application. He queried the reasons for this and did not provide the details which resulted in the Council revoking his licence due to public safety reasons.
7. Mr X appealed the decision to the magistrates court within 21 days which is the appeal procedure for licensing decisions. The Court overturned the revocation and his licence was restored following his disclosure of the medical information. However, Mr X says he is left with costs of appealing and loss of income when he could not work. He also says he can no longer afford the £500 fee for renewing his licence which has expired.
8. We cannot investigate matters which have been subject to court proceedings or an appeal to a tribunal. Mr X says he should have been advised he could complain to us prior to the appeal action but we would have advised him that it was reasonable to use his statutory right of appeal had he done so. He is now considering further court action to recover his losses.

Back to top

Final decision

9. We will not investigate this complaint about the authority’s decision to revoke a taxi licence. It was reasonable for Mr X to appeal the decision to the magistrates court and he successfully appealed the decision.

Back to top

Investigator's decision on behalf of the Ombudsman