Summary: We cannot investigate this complaint about the Council's refusal to grant Mr X a private hire driver licence. Mr X appealed this decision to the court and this matter is therefore no longer within our legal remit.

The complaint

1. Mr X complains about the Council's refusal to grant him a private hire driver licence. Mr X feels he has been treated unfairly and that the Council has wrongly applied the law.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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My assessment

6. The Council refused Mr X’s application for a private hire driver licence. As was his right, Mr X appealed this decision to the Magistrates’ Court. The Court upheld the Council's decision. Mr X considers both the Council, and the Court have misapplied the relevant law.
7. As per paragraph three, as Mr X made an appeal in a court of law, we no longer have any legal remit to investigate his complaint against the Council.

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Final decision

8. We cannot investigate Mr X’s complaint because a court of law has heard his appeal, and the matter is therefore no longer within our legal remit.

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Investigator's decision on behalf of the Ombudsman