Transport for London (23 020 801)
The Ombudsman's final decision:
Summary: Mr X complained Transport for London (TfL) failed to renew his private hire drivers’ licence and delayed responding to his complaint. This has caused him distress, time and trouble. TfL correctly applied its policy and is not at fault for failing to renew Mr X’s licence. It is at fault for delay in responding to his complaint.
The complaint
- Mr X complained Transport for London (TfL) failed to renew his private hire vehicle licence. He said this has caused him financial and emotional distress. TfL also delayed responding to his complaint, causing him time and trouble.
The Ombudsman’s role and powers
- 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’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
What I have and have not investigated
- This investigation is about Mr X’s private hire vehicle licence. The Ombudsman has already investigated Mr X’s private hire driver licence, which we will not reinvestigate.
How I considered this complaint
- As part of the investigation I have considered the complaint and the documents provided by the complainant, documents provided by TfL and its comments in response to my enquiries.
- Mr X and TfL had opportunity to comment on my draft decision. I considered their comments before making a final decision.
What I found
TfL’s policies and procedures
- TfL provided a copy of its Vehicle Licensing Inspection Manual which is available online. This states applications and inspections for relicensing or renewing a private hire vehicle licence must occur within 24 months of the licence expiring. Any application after this will be treated as a new application.
- TfL’s complaint policy is available online. It says it will acknowledge complaints within 48 hours and provide a substantive response within ten working days. If TfL cannot respond within this timeframe, it will tell the complainant and suggest when the complainant can expect to receive a full response.
What happened
- I have summarised below the key events; this is not intended to be a detailed account.
Mr X’s application for a private hire vehicle licence
- Mr X’s private hire vehicle licence (vehicle licence) expired in October 2020.
- To renew his licence, Mr X needed to apply by October 2022. Mr X did not put in his application within this deadline.
- Mr X contacted the licensing team in September 2023 and asked to renew his vehicle licence. The licensing team advised he could not renew his licence as more than 24 months had passed since it expired.
- Mr X said he did not apply to renew his licence earlier because it expired during the COVID-19 pandemic and there was little business. He said there was no point spending money on something he was not going to get value out of.
Mr X’s Complaint
- Mr X complained to TfL in late September 2023. Mr X emailed TFfL asking for a response in November, December, January 2024 and March. He received holding responses, asking further details, but did not receive a substantive response to his complaint.
- Mr X complained to the Ombudsman in March 2024. He said he had not received a response from TfL to his complaint.
- The Ombudsman asked TfL to respond to Mr X’s complaint. TfL responded in August 2024. The letter explained applications to renew a vehicle licence need to be made within 24 months of the licence expiring, any application after this date is treated as a new application. The letter apologised for the delay in responding to Mr X’s complaint.
- In response to my enquiries, TfL upheld its decision to refuse to renew Mr X’s vehicle licence.
Analysis
Mr X’s vehicle licence
- TfL’s policy says it will accept renewals within 24 months of the original licence expiring. Mr X applied to renew his licence after the 24 month deadline. TfL applied its policy correctly; it is not at fault.
- I understand Mr X said there was no trade during the COVID-19 pandemic and he could not justify the cost of the vehicle licence renewal. This was his decision to make. The Council has no discretion to accept late applications and could not take these factors into consideration. It is not at fault.
- When Mr X applied to renew his vehicle licence, it was 35 months past its expiration date and a year after which it could be renewed. This is a significant amount of time. The Council is not at fault.
The complaint
- Mr X put in a complaint to TfL in late September 2023. TfL should have provided a substantive response within ten working days or explain the investigation may take longer and provide an estimated date for a response. TfL did not do this, Mr X had to chase for a response several times. Mr X only received a response when the Ombudsman contacted TfL and asked it for an update on the complaint. Mr X received a response to his complaint in August 2024, almost a year after he submitted it. This is delay, this is fault.
- Mr X was put to a lot of time and trouble, chasing for a response to his complaint, and only received this once he asked the Ombudsman to investigate. This is his injustice.
Agreed action
- Within four weeks of the Ombudsman’s final decision, TfL agreed to:
- Apologise to Mr X and pay him £200 to recognise the time and trouble chasing a response to his complaint which was significantly delayed.
- Remind staff who handle complaints about the importance of responding to complaints within deadlines.
- TfL should provide us with evidence it has complied with the above actions.
Final decision
- I have completed my investigation. TfL is not at fault for refusing to renew Mr X’s vehicle licence. It is at fault for delay in responding to his complaint.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman