Summary: We will not investigate this complaint about the Council’s refusal to refund a fee paid by Mr X in error regarding a taxi licence renewal. This is because it is unlikely we will find fault by the Council.

The complaint

1. Mr X complains the Council has refused to give him a full refund of a fee he paid in error when trying to renew his taxi licence. Mr X considers his error was in part due to Council fault and that therefore a full refund should be given. Mr X also complains about the Council’s handling of his complaint.

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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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code and the Council’s policy on refunding licensing fees.

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My assessment

5. Mr X submitted the wrong application type when he tried to renew his taxi licence. Mr X says this was because the hyperlink within the renewal letter the Council sent to him directed him to a general licensing page with several categories of applications. Mr X submitted the wrong application and a fee for that application.
6. In its complaint response to Mr X, the Council did not accept its licensing page was at fault as though it acknowledged it does contain numerous forms, the Council felt it not unreasonable to expect an applicant to know what they were applying for and to choose the correct application type from the available options.
7. The Council made a partial refund to Mr X considering officer time had been spent on reviewing the initial application, identifying the error, and contacting Mr X to explain the situation plus the resource implication for processing a refund.
8. The Council’s refund policy regarding licensing fees is that they are non-refundable even where applications are withdrawn or discontinued. An application may also be rejected if incomplete information is provided with it, and the fee lost. The Council’s licensing fee policy warns applicants to check all requirements before applying.
9. While Mr X’s specific circumstance is not referred to in this policy, it is akin to those scenarios mentioned and so it is unlikely we would have considered it fault had the Council retained the full application fee. As it was, the Council offered Mr X a partial refund. As such, we will not investigate this aspect of the complaint.
10. Mr X also complains the Council did not offer a stage 2 consideration of his complaint which he says is contrary to its published policy. We will not investigate as the Council operates a one stage complaint procedure, as detailed on its website, for all complaints other than housing complaint. It is unlikely we will find fault therefore. Additionally, any injustice caused to Mr X in this regard would not be sufficient for us to investigate as a separate matter.

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Final decision

11. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman