Summary: We will not investigate Mr X’s complaint about the Council’s handling of his report of dangerous driving by a licensed taxi driver. This is because there is not enough evidence of fault by the Council or to show its actions caused Mr X significant injustice. It is also unlikely investigation would achieve any worthwhile outcome for Mr X.

The complaint

1. The complainant, Mr X, complains the Council has failed to take action against a licensed taxi driver following his complaint of dangerous driving. He is concerned that the taxi driver is still on the road and says the incident has caused him distress and anxiety.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. The Council confirms the individual concerned is a licensed taxi driver and that it has the power to suspend or revoke their taxi driver’s licence. It has considered the evidence Mr X provided and explained that its licensing committee will decide what action to take regarding the taxi driver’s licence. It explained this was because it must be sure about the action it decides to take and any decision is subject to a right of appeal to the magistrates’ court. It is unlikely we could add to the Council’s response or that we would find fault in its actions and we cannot say the Council must suspend or revoke the licence as Mr X believes it should.
5. Further, any suspension or revocation of the driver’s taxi driver’s licence only affects their ability to carry passengers for payment. It would not therefore remove the driver from the road entirely or resolve the injustice Mr X claims, which results from the actions of the driver themselves rather than the Council.
6. The police are aware of the incident and it is for them to decide whether the driver’s actions were dangerous and unlawful. They alone have the ability to issue criminal proceedings and add points to the driver’s licence which may ultimately result in its revocation.

Back to top

Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Mr X significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman