Summary: We will not investigate Mr X’s complaint about a Council decision to amend its taxi licencing policy. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains about a Council decision to amend its taxi licencing policy to require all drivers to drive wheelchair accessible vehicles. He says this decision is discriminatory against disabled drivers, will put him at risk and cause him unnecessary financial loss. He wants the Council to reverse the policy change.

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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 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. We consider whether there was fault in the way an organisation made its decision. 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)

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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’s previous taxi licencing policy required all drivers to drive a wheelchair accessible vehicle, except those drivers with a medical exemption for transporting wheelchair passengers. If a driver had a medical exemption, the policy allowed them to drive a standard saloon vehicle instead.
7. In November 2024, the Council amended its taxi licencing policy. The new policy requires all drivers to drive a wheelchair accessible vehicle, including those drivers with a medical exemption.
8. Records of the committee meeting show the Council considered the potential impact on disabled drivers as part of its decision making. The record states drivers with a medical exemption would still be exempt from transporting wheelchair passengers. It said the policy change would affect the required vehicle, not the requirements of the driver.
9. In its complaint response, the Council said it had made the policy change in response to a reduction in the number of wheelchair accessible vehicles in its fleet over the last five years. It said the change would ensure compliance with government best practice guidance for taxi and private hire vehicle licencing, which states licencing authorities should ensure their fleet is accessible and there is sufficient wheelchair accessible vehicles to meet demand.
10. We will not investigate this complaint. The records show the Council considered the impact on disabled drivers as part of its decision making. The policy change relates to vehicle requirements and does not affect Mr X’s medical exemption from transporting wheelchair passengers, so an investigation would be unlikely to find the change discriminatory. There is insufficient evidence of fault to warrant an investigation.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman