Summary: We will not investigate Mr X’s complaint about the Council’s actions between 2019 and 2023 in relation to his application for a street trader’s licence. The complaint lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider it now. Also, part of the complaint lies outside our jurisdiction because it has been considered in court.

The complaint

1. The complainant, Mr X, complains about the Council’s actions in relation to his application for a street trader’s licence. Mr X applied, unsuccessfully, for a licence in 2019. He successfully challenged the Council’s decision in the magistrates court in early 2022. Mr X also complains about the Council’s actions on the matter up to 2023 and that he was harassed by a Taxi Licencing Compliance Officer in 2022. He also complains he received a notice in January 2024 to remove his trailer from where it was sited.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended
5. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complains about the Council’s actions and decisions in relation to his application for a street trader’s licence, as set out in paragraph one, above.
9. Mr X challenged the Council’s decision to refuse his licence application via the magistrates court and this was decided in early 2022. The matter was also subject to crown court proceedings later that year.
10. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mr X has been aware of these matters for well over twelve months. The Council’s final response to his complaint, sent in March 2024, clearly signposted him to this office and explained that a complaint should be made to us within 12 months of a person first becoming aware of the matter complained about. Mr X has waited a further 12 months after receiving this letter before making this complaint to us. It could have been made much sooner. I see no good reasons to exercise discretion to consider it now.
11. Further to this, the complaint partly lies outside our jurisdiction because it has been considered in court proceedings. We cannot investigate matters that have been considered in court.

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Final decision

12. We will not investigate Mr X’s complaint because it lies outside our jurisdiction and there are no good reasons to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman