Summary: We will not investigate this complaint about the Council’s decision to refuse Mr X’s taxi license application. This is because it was reasonable to expect Mr X to use his right to appeal to the magistrate’s court, and in any event, we cannot achieve the outcome he wants.

The complaint

1. Mr X complains about the Council’s decision to refuse his application for a taxi license. He says because of this he is unable to provide for his family. Mr X wants the Council to grant the license.

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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 have gone 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. When a council refuses a licence, the applicant has a right of appeal to the magistrates’ court. The evidence shows the Council told Mr X about this appeal right in March 2026. The Ombudsman would usually expect someone to use such an appeal right, unless it would be unreasonable to do so. Mr X has not provided any reasons why it would have been unreasonable for him to appeal to the court.
8. For this reason, we will not investigate the complaint. In any event, we could not achieve the outcome Mr X wants, which is for the Council to grant the licence. It is for the court, not the Ombudsman, to decide whether the Council properly considered the licence application.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal to the magistrate’s court.

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Investigator's decision on behalf of the Ombudsman