Summary: We will not investigate this complaint about taxi licensing because we cannot achieve the outcome Mr Y is seeking and the court is better placed to consider the complaint.

The complaint

1. Mr Y complained the Authority failed to follow the correct procedure and failed to review evidence when investigating a complaint from a passenger who had travelled in his taxi. He also complained the Authority failed to respond to his Subject Access Request.
2. Mr Y says this led to the Authority wrongly sanctioning him and threatening to withhold his private hire license if there was a further complaint. It also led to his private hire license renewal being delayed by approximately six weeks, leading to a loss of income Mr Y has calculated at £5,500 as well as legal fees.

Back to top

The Ombudsman’s role and powers

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. 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)
5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
6. 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

7. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes where information requests has not been correctly responded to.
9. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints, having been set up specifically for this purpose. I consider that to be the case here and Mr Y should therefore approach the ICO about his concerns. We will not investigate.
10. As we are not investigating the substantive matter, it is not a good use of public resources to investigate how the Authority dealt with the complaint. We will not investigate.
11. Mr Y has told us he is seeking payment from the Authority for loss of earnings, of approximately £5,500 as he was unable to work for up to six weeks. He also says he is seeking compensation for the legal costs incurred in the matter.
12. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. This includes claims for damages, in this case for loss of earnings, and whether the Authority would be liable for this. These are legal claims which may only be determined by insurers or the courts.
13. We are not able to decide liability or award damages. Consequently, any claim for damages, such as a loss of earnings, which Mr Y considers the Authority to be responsible for, are matters more appropriately dealt with by the courts. As we cannot award damages in this way, we cannot achieve the outcome Mr Y is seeking. Therefore, we will not investigate.
14. While Mr Y may be seeking damages for loss of earnings and legal costs and further legal costs may be incurred if he does make a claim, he may be able to contact the Authority’s insurers directly to make a claim. If he does need to approach the court, there may be some cost, but this would not mean it is unreasonable to expect Mr Y to use his right to go to court.
15. There is in some cases financial assistance to those of a low income from HM Courts and Tribunal Service. Mr Y may also be able to make a claim for the costs incurred for the court to consider. Also, reasonable adjustments can be made for access to the service if necessary. It is therefore reasonable for Mr Y to be expected to use his right to go to court about this matter. We will not investigate.

Back to top

Final decision

16. We will not investigate Mr Y’s complaint because we cannot achieve the outcome Mr Y is seeking and the court is better placed to consider the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman