Summary: We will not investigate this complaint about the Council’s refusal of Mr X’s private hire licence application as Mr X could have appealed this decision in court.

The complaint

1. Mr X complains about the Council’s refusal of his private hire licence application. Mr X says he no longer wishes to be licensed by the Council but requests an investigation into its consideration of his application to check for fault.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. We will not investigate how the Council considered Mr X’s application as the law has provided an appeal process in court by which an applicant can challenge a refusal decision. The court is best placed to consider this matter.
7. I recognise that Mr X says he no longer wishes to be licensed. As such, there is effectively no significant outstanding injustice caused to him that would justify our further involvement. The injustice to Mr X is the licence refusal and the remedy for this is the court appeal. We will not therefore investigate.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because the licence refusal is best addressed in court, and if Mr X is no longer wishing to be licensed, then any remaining injustice caused to him is not sufficient to warrant our further involvement, in any case.

Back to top

Investigator's decision on behalf of the Ombudsman