Summary: We will not investigate Mr X’s complaint about the Council’s decision to revoke his taxi licence. This is because it was reasonable to expect Mr X to use his legal right to appeal to the magistrates’ court against the revocation of the licence.

The complaint

1. Mr X complains that the Council failed to follow the correct process when it revoked his taxi licence.

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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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council revoked Mr X’s licence in November 2024. He says that it was not reasonable for him to have appealed to the Magistrate’s Court as the Police had not yet concluded its investigation.
7. I will not investigate Mr X’s complaint. I do not consider that the ongoing police investigation prevented Mr X from appealing to the Magistrate’s Court. The courts have the power to adjourn cases until the outcome of police investigations. For these reasons I consider it reasonable for Mr X to have used his right of appeal to the courts.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal to the magistrates’ courts

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Investigator's decision on behalf of the Ombudsman