South Norfolk District Council (24 014 083)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 13 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr C’s complaint about the Council’s decision to revoke his taxi licence. This is because it was reasonable for Mr C to put in an appeal to the magistrates court.
The complaint
- Mr C complains the Council revoked his taxi licence because he has over 6 points on his driving licence. Mr C says the Council’s decision is wrong and the Council has unreasonably said he will need to wait seven years before he can apply again.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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 go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Mr C.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr C had a right of appeal to the magistrates court against the Council’s decision to revoke his taxi licence. This is the process set out in law to challenge a taxi licensing decision and we would generally expect it to be used.
- It is relatively straightforward to put in an appeal. Mr C needed to write to the magistrates court and pay a fee within 21 days of receiving the Council’s decision. The Council’s decision letter told Mr C about this right of appeal. The Council also says it provided Mr C with contact details for the local magistrates court. Mr C also visited the Council offices during this period.
- Mr C has provided several reasons why he could not put in an appeal in time. I have considered Mr C’s comments.
- But, I find because of the seriousness of the issue in dispute, the appeal information provided by the Council, and the relatively straightforward process involved, it was reasonable for Mr C to put in an appeal.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr C’s complaint because it was reasonable for him to put in an appeal to the magistrates court.
Investigator's decision on behalf of the Ombudsman