Rochdale Metropolitan Borough Council (24 011 699)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 23 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s decision to revoke his taxi driver’s licence. This is because it would have been reasonable for Mr X to appeal to the magistrates’ court. We will not investigate Mr X’s complaint about the Council’s refusal to reinstate his licence because there is no provision for this. If Mr X wants to get a new licence he will have to apply to the Council and if it refuses his application he may appeal.
The complaint
- The complainant, Mr X, complains the Council revoked his taxi driver’s licence following a report made by a customer to the police. He also complains the Council has refused to reinstate his licence despite the police confirming it would take no further action against him. He says that as a result he has suffered financial loss.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- There is no question Mr X has lost income as a result of his inability to work as a taxi driver but his losses stem from the Council’s revocation of his licence and its decision carried a right of appeal to the magistrates’ court which it would have been reasonable for him to use.
- Mr X no longer has a licence from the Council to work as a taxi driver so if he wants to go back to his job he will need to apply for a new licence. As part of this process the Council will consider whether Mr X is a fit and proper person to hold a licence and if it decides he is not, Mr X will have a right of appeal against its decision.
Final decision
- We will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal against the Council’s decision to revoke his licence.
Investigator's decision on behalf of the Ombudsman