Birmingham City Council (25 021 373)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 11 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal of Mr X’s private hire licence application. It would have been reasonable to expect him to have used his right of appeal to a magistrates’ court.
The complaint
- Mr X complained the Council refused his private hire licence application, without giving him opportunity to address the committee.
- Mr X said the refusal impacted on his ability to apply for a licence with other councils.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained the Council refused his private hire licence application. Mr X said the Council did not tell him when the committee would consider his application. Therefore, he could not address them to provide submissions.
- In its complaint response, the Council said private hire licence applications are not heard by a committee. It said it offered Mr X the opportunity to provide all relevant information. However, as Mr X did not meet its criteria it refused the licence application.
- After the application was refused, Mr X had a right of appeal to a magistrates’ court. The court can consider the application again and decide whether the Council should issue a licence. It would have been reasonable for Mr X to have used this appeal right.
- As outlined in paragraph four, we cannot investigate matters where a person could have taken the matter to court. Therefore, we will not investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because it would have been reasonable to expect him to have used his right of appeal to a magistrates’ court.
Investigator's decision on behalf of the Ombudsman