Summary: The Ombudsman will not investigate this complaint about an incident between the complainant, a bus driver and a Council officer. This is because there is insufficient evidence of fault by the Council and because it is unlikely the Ombudsman could add to the Council’s response.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the way he was treated during an incident with a bus driver and a Council officer. Mr X says he is the victim of racism. Mr X was driving a taxi when the incident occurred.

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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 an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council.

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

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How I considered this complaint

3. I read the complaint and the Council responses. I considered the taxi licensing conditions and invited Mr X to comment on a draft of this decision.

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What I found

Licensing conditions – fit and proper person

4. A condition of getting and holding a taxi driver licence is that the Council must be satisfied that the person is a fit and proper to have a licence. There is no definition of a fit and proper person but the Council’s policy includes the following statement: “… it is important that when they are operating vehicles licensed by the Council that clear standards of suitability are adhered to – both in terms of the protection of citizens and maintaining the reputation of the Council.”

What happened

5. Mr X is a licensed taxi driver. Mr X says he tried to merge into a bus lane but was prevented from doing so by a bus driver. He says the bus nearly crashed into him. He says a council officer, who was on the bus, threatened him with legal action and took photographs of him. Mr X says he was treated badly due to the colour of his skin. Mr X has referred to institutionalised racism. Mr X complained to the Council.
6. The Council got information from the officer and the bus driver. The officer said that Mr X tried to force his way into the bus lane ahead of the bus. She was worried there would be a crash. She stated the bus driver was forced to stop to let Mr X into the lane. The officer tried to take photographs of the registration plate so she could report the driver to the DVLA. Mr X showed his taxi badge and the officer showed him her badge in the hope he would drive on. The officer said that Mr X came to the bus window and spoke in an aggressive way to the bus driver. Mr X said he was a taxi driver and allowed to use bus lanes. The officer gave Mr X her name and said she worked in the legal team that dealt with taxi drivers. She denied threatening him with legal action. Mr X stated he was being bullied due to his race. The officer reported that the bus driver was very shaken by the incident.
7. In response to the complaint the Council said that both the officer and the bus driver had given similar accounts and both alleged that Mr X had behaved in an aggressive and irresponsible way. They both denied any racism and said that Mr X was the only person to have mentioned race. The Council said the officer was trying to take pictures of the car and was trying to support the bus driver. The Council did not uphold the complaint.
8. Mr X is dissatisfied with the response. He says the officer did threaten him with legal action and took photographs of his face, not the car. He has repeated that he is a victim of racism.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded appropriately by considering information from the officer and the bus driver. Based on the consistency of the evidence it did not uphold the complaint. Mr X disagrees but that does not mean there has been fault in the way the Council responded.
10. I also will not start an investigation because it is unlikely I could add to the Council’s response. I did not witness the incident so I cannot comment on the issues that Mr X disputes. In addition, while Mr X says the incident was nothing to do with the officer, as a licensed driver he is required to demonstrate that he is a fit and proper person to hold a licence. In this context, the officer’s involvement was consistent with the licensing requirements.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council and because it is unlikely I could add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman