Summary: We will not investigate this complaint about a warning letter the Authority issued to X. There is no significant injustice and there is no worthwhile outcome achievable by us investigating.

The complaint

1. X is a private hire taxi driver. They complained the Authority issued them with a warning letter, because it said they had failed to comply with a licence condition. X disputes this and wants the warning letter removed from their file.

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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:

• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation.

(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 I considered the Ombudsman’s Assessment Code.

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My assessment

4. X complained to us because the Authority refused to remove the warning letter from their taxi driving licence.
5. I will not investigate X’s complaint. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
6. I understand X may be concerned the impact of the warning on their taxi driving licence may mean they may not be eligible for another warning. However, we cannot consider what may happen in the future and I am not satisfied any injustice claimed is significant enough to justify an investigation.
7. Additionally, there is no worthwhile an investigation could achieve by investigating. The Authority considered X’s representations and upheld its earlier warning. The Authority appears to have considered the matter, and we have no power to direct it to remove the warning.

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Final decision

8. We will not investigate X’s complaint because there is no significant injustice and there is no worthwhile outcome achievable by us investigating.

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Investigator's decision on behalf of the Ombudsman