Summary: Although Mr X has experienced some problems using the Authority’s Taxicard scheme, it is unlikely the Ombudsman could add to the Authority’s own investigations or that he would find fault if he investigated for himself. This is because the scheme does not guarantee the level of service Mr X would like and there is no independent evidence to support his complaints about driver conduct.

The complaint

1. The complainant, whom I shall call Mr X, complains that he has suffered discrimination because of his disability, race and religion when using the Authority’s Taxicard service.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault or could add to any previous investigation by the Authority.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered information provided by Mr X who has had an opportunity to comment on my draft decision.

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What I found

4. Taxicard is a scheme run by the Authority which provides subsidised taxi fares for people with disabilities. Taxis are booked online or by phone. The Authority’s website says that “Taxicard is not a guaranteed service” and says that there may sometimes be delays or it might not be possible to get a taxi depending on the availability of drivers and problems with weather or driving conditions.
5. Mr X has a Taxicard. He has complained about a number of problems he has experienced in the past couple of years. These include, he says, being unable to get a taxi; being left on the street for a long time without a taxi after having booked; being overcharged; being refused assistance which he needs because of his disabilities and being treated rudely and abusively by drivers.
6. Ms X says that because of his disabilities, which include autism, this has left him feeling extremely stressed and paranoid. He believes that the Authority is failing in its duties to him under the Equality Act 2010. He would like compensation.
7. The Authority has responded to each of these allegations and investigated each incident. It has acknowledged that there have been problems on occasion including issues with the software that supports the system. It also says that on some occasions there is a general shortage of drivers. For example, when Mr X was unable to get a taxi at Eid, the Authority explained that this was because many drivers had taken time off because they too wanted to celebrate the festival. The Authority has also said that on some occasions there have been misunderstandings about whether there should be an additional small charge (£1.00) for waiting time.
8. The Authority has explained that it cannot reach any firm conclusion on a number of Mr X’s complaints because he and the driver have different accounts of what happened and there is no objective way of resolving these. There are no independent witnesses. The Authority says that, in these circumstances, it records the event and, if anything happens again with that driver, it is on file to act as supporting evidence.

Assessment

9. I am satisfied from its responses that the Authority has properly considered Mr X’s complaints, investigated in each case what has happened and given reasonable responses. I do not consider that the Ombudsman could add to what is already known about each incident.
10. I recognise that Mr X has been distressed by these events but, in my view, on the evidence I have seen, the Ombudsman, even if he investigated, would never be in the position of being able to say that the incidents showed a pattern of discrimination. There is no obvious reason to dispute the Authority’s explanations for each event. I have here to take account of the fact that this is not a guaranteed service and the Authority has, on its website, indicated that there may sometimes be problems in providing taxis when they are requested.
11. On balance, therefore, I do not consider that an investigation by the Ombudsman would lead to a finding of fault or add significantly to what is already known.

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Final decision

12. I have decided that the Ombudsman should not investigate this complaint. This is because an investigation would be unlikely to add to what is already known or lead to a finding of fault.

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Investigator's decision on behalf of the Ombudsman