Cornwall Council (25 011 692)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 05 Nov 2025
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a taxi license being revoked because Miss Y has used her right to appeal the revocation and the matter is being considered by the courts.
The complaint
- Miss Y complained the Council wrongly revoked her taxi license. Miss Y says that the Council ought to have considered evidence presented at court and she is now unable to work and in financial distress.
The Ombudsman’s role and powers
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
- Miss Y’s taxi license was revoked in August 2025. She appealled to the Magistrates Court. While she may have to wait for a hearing, as Miss Y has used her right to appeal, we do not have the power to investigate, as explained in paragraphs two and three. Consequently, we will not investigate.
Final decision
- We cannot investigate Miss Y’s complaint because Miss Y has used her right to appeal the revocation and the matter is being considered by the courts.
Investigator's decision on behalf of the Ombudsman