Summary: We will not investigate this complaint about the renewal of the complainant’s taxi driver licence. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council misled him and said he could renew his taxi driver licence, but have it suspended until he received the required documents from the Disclosure and Barring Service (DBS).

Back to top

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 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))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes information the Council sent to Mr X about the renewal process. I also considered our Assessment Code.

Back to top

My assessment

4. The Council changed its licensing policy in 2021. It wrote to Mr X in November 2021 explaining the changes. This included that if the driver’s subscription to the DBS update service lapsed then the Council would suspend the taxi driver licence. The letter also said that if a licence expires before the driver submits a fully complete renewal application then the driver must make a new application.
5. The Council sent Mr X a renewal letter in January 2024. The letter said he must submit a current DBS certificate with the renewal and proof of subscription to the DBS update service. The Council said Mr X would not be able to renew his licence if he did not have a current DBS certificate that was signed up to the update service. The letter said that if a complete application was not received until after the licence had expired then he would have to apply as a new driver. The letter urged Mr X to take any action that may be required to comply.
6. Mr X says he rang the Council and was told that if the only outstanding document was the DBS certificate then the Council would renew the licence but suspend it until he could show proof of the DBS. The Council has no records to show anyone said this to Mr X.
7. Mr X tried to renew his licence in early April but, when the Council checked, it discovered his subscription to the DBS update service had lapsed. Drivers must pay a £13 annual fee to the DBS service to maintain the update service. The Council did not renew Mr X’s licence because he did not submit a complete renewal application (because it did not meet the DBS requirements).
8. Mr X’s licence expired on 29 April. Mr X has had to apply as a new driver because he did not submit a complete renewal application before his licence expired. The new application process includes passing some tests; Mr X took one of the required tests but did not reach the pass mark of 80%.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. Mr X says he was told he could have a suspended licence pending receipt of the DBS information. I have no reason to doubt what Mr X says but we make evidenced based decisions and there is no evidence to support his assertion. But, there is evidence the Council told Mr X in 2021 and January 2024 that his licence would only be renewed if he submitted a complete renewal application which must include all the required DBS information. This position forms part of the Council’s licensing policy which is available on the Council’s website.
10. It is unfortunate Mr X could not renew his licence but there is no evidence he was mis-advised but, conversely, there is evidence he was notified of the licensing requirements and that he must keep an active subscription to the DBS update service. The decision to reject the renewal application reflects the policy as does the requirement that he must reapply as a new driver and meet all the requirements of a new driver.

Back to top

Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman