City of Wolverhampton Council (23 016 340)

Category : Environment and regulation > Licensing

Decision : Upheld

Decision date : 16 Jun 2024

The Ombudsman's final decision:

Summary: Mr X complained the Council made him remove genuine parts from his car to renew his private vehicle hire licence. Mr X says the Council caused him distress during the renewal process. We have found fault in the actions of the Council which caused Mr X injustice. The Council has agreed to pay Mr X a financial remedy and remind its vehicle licensing officers to advise customers of their appeal rights.

The complaint

  1. Mr X complained the Council made him remove genuine parts from his car to renew his private vehicle hire licence. He says he felt intimidated, vulnerable, anxious, helpless and discriminated against at the hands of the Council during the renewal process. He would like an apology from the members of staff who dealt with his private hire licence and he would like the Council to refund the cost of having the parts removed.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
  2. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I discussed the complaint with Mr X and considered the evidence he provided.
  2. I made enquiries of the Council and considered its response.
  3. Mr X and the Council had an opportunity to comment on a draft version of this decision. I considered any comments I received before making a final decision.

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What I found

Relevant Law and Guidance

  1. The Government website states when a Council refuses to issue or renew a private hire vehicle licence the applicant has a right to appeal the Council’s decision to the Magistrate’s Court.
  2. Section 2.1 of the Council’s Private Hire Vehicle – Vehicle Conditions policy states ‘no material alterations or change in the specification, design, condition or appearance of the vehicle shall be made without prior approval of Licensing Services’.

What Happened

  1. Mr X’s car passed the private vehicle hire licensing compliance check in 2021 and 2022. The Council renewed Mr X’s licence following a compliance check in 2022, but the licensing officer advised Mr X to remove trims from his car before renewing the licence again. The officer noted this advice on the compliance form.
  2. Mr X attended a compliance check to renew his private vehicle hire licence in late 2023. The licensing officer believed Mr X’s car had some changes which altered its condition and appearance. The licensing officer sought the opinions of two colleagues who agreed Mr X’s car appeared to have material alterations.
  3. The Council did not renew Mr X’s licence. The licensing officers advised Mr X he could either have the parts removed or contact the manufacturer for written proof the parts were genuine. The Council did not advise Mr X he could appeal the decision.
  4. Mr X removed his car spoiler while at the compliance check. Mr X advised us he did confirm with the car manufacturer the parts were factory fitted but they could not confirm this in writing. Mr X visited a garage to have further disputed parts removed.
  5. Mr X returned for a further compliance check and the Council issued Mr X’s licence.

My Findings

  1. The Council followed its policy when deciding whether to issue a private hire vehicle licence for Mr X during the vehicle compliance check. It had reason to believe material alterations were made to Mr X’s car, and Mr X did not provide the necessary evidence which proved otherwise.
  2. The Council followed the correct procedure when making this decision, so I cannot question whether that decision was right or wrong.
  3. The Council did not advise Mr X he had a right to appeal the Council’s decision. This is fault which caused Mr X uncertainty.

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Agreed action

  1. Within one month of the final decision the Council will:
    • Apologise to Mr X for failing to notify him of his appeal rights.
    • Pay Mr X £250 to recognise that, because he was unaware of his rights, he felt he had to make alterations to his car.
    • Remind its vehicle licensing officers of each applicant’s right to appeal a refusal to issue or renew a private vehicle hire licence, and ensure that officers know this appeal right should be explained to applicants when refusing a licence.
  2. The Council should provide us with evidence it has complied with the above actions.

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Final decision

  1. We uphold this complaint. The Council has agreed to remedy the injustice caused by the faults identified.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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