Summary: We will not investigate this complaint that the complainant was unfairly banned from working as a taxi driver on under the Councils’ home to school transport contract. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X says she was unfairly banned from working as a taxi driver for the Council’s home to school transport contract. Mrs X says the ban was based on false allegations made against her and that this is impacting her income.

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 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))
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council convened a panel to consider allegations made about Mrs X who worked as a taxi driver for a company that is contracted by the Council to provide home to school transport for children. The panel considered the allegations, a previous allegation, comments from a passenger assistant and comments from Mrs X. The Council made the decision to suspend Mrs X from working on home to school transport journeys.
7. Mrs X appealed the decision, and a separate appeal was convened which Mrs X attended. The panel considered the evidence and Mrs X was given the opportunity to speak to the panel and answer questions. The panel upheld the previous panel’s decision and Mrs X was permanently suspended.
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 fully considered the allegations made about Mrs X and other relevant information at both panel meetings and reached the conclusion that there was sufficient evidence to suspend Mr X. I will not investigate Mrs X’s complaint because there is insufficient evidence of fault with how the Council has dealt with the matter.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman