Summary: We will not investigate this complaint about the Council’s decision to suspend Mr X’s private hire licence for several weeks. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council unnecessarily suspended his private hire licence for several weeks.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council after his private hire licence was suspended by the Council, subject to further medical testing. He was unhappy with the Council’s decision because he paid for a medical assessment.
6. The Council told Mr X its policy states private hire drivers must pass a medical examination and cannot hold a licence if certain requirements are not met. The Council explained it refers all medical assessments to an independent medical advisor and after it was noted that Mr X had a health issue which required further assessment, the Council suspended Mr X’s licence whilst this assessment was underway. The Council informed Mr X he could ask for a review of the decision and appeal to the magistrate’s court.
7. The Council went on to reinstate Mr X’s licence after two weeks once it received the information necessary to determine Mr X was fit to drive. Mr X remained unhappy with the Council’s actions and referred the complaint to the Ombudsman.
8. The Ombudsman cannot criticise the merits of a decision if the Council has made the decision in line with the correct process. The Council has explained its policy to Mr X and provided its rationale for why the licence was suspended. Once the Council received the information it needed to be satisfied Mr X met the requirements for a licence, it lifted the suspension. An investigation would be unlikely to find fault with the Council’s actions.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman