Summary: We cannot investigate this complaint about a private hire license application because Mr Y has already started court action about the matter.

The complaint

1. Mr Y complained the Authority has failed to make a decision relating to a private hire taxi license application.
2. Mr Y says the situation has impacted him financially and caused him upset and worry.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. 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

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

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My assessment

6. As part of the submission of his complaint to us, Mr Y has said he has already started a claim for £2,500 plus the cost of the court action itself against the Authority as a result of the issue he has experienced.
7. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. This includes where someone has started court action about the matter, or a matter which is intrinsically linked to the issue complained about. As Mr Y has begun legal proceedings about the issue, we cannot now investigate the complaint about the delay and lack of decision. Therefore we cannot investigate this complaint.

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Final decision

8. We cannot investigate Mr Y’s complaint because Mr Y has already started court action about the matter.

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Investigator's decision on behalf of the Ombudsman