Summary: We will not investigate this complaint about the Council’s decision not to issue Mr X with a taxi licence. This is because Mr X has a right of appeal to the magistrate’s court and it would be reasonable for him to use it.

The complaint

1. Mr X complains that the Council refused his application for a taxi licence on two occasions and did not allow him to discuss this further.
2. Mr X says this has caused him stress and low confidence.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. People wishing to operate a taxi must apply to the Council for a licence. Applicants who are rejected can appeal the decision at the magistrate’s court.
8. Mr X applied to the Council for a taxi license on two occasions.
9. The Council rejected these applications.
10. Mr X remains unhappy with the Council’s decision and wants us to find it at fault. The Ombudsman will not usually investigate a complaint where the complainant has appeal rights. The Council’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.

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Final decision

11. 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.

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Investigator's decision on behalf of the Ombudsman