Summary: We will not investigate this complaint about the way the Council decided to place penalty points on Mr X’s taxi licence and give him a final warning. This is because it was reasonable to expect Mr X to ask for a Council appeal.

The complaint

1. In summary, Mr X complains about the Council’s decision not to treat him as a victim of assault and instead place points on his ‘taxi badge’ when he was assaulted outside his home. He also complains he was issued with a final warning.
2. Mr X says his character has been tarnished and he believes the Council is abusing its powers.

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The Ombudsman’s role and powers

3. 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).
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. We do not start an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

The Council’s hackney carriage and/or taxi and private hire driver licence policy

7. The Council operates a penalty point system as a taxi and private hire enforcement licensing control. It awards penalty points to licence holders ‘for failure to comply with the Council’s conditions and standards’. The policy allows for aggrieved licence holders to appeal to the Licensing Service where the decision will be reviewed by a senior officer unconnected to the original decision to award points.
8. We will not investigate this complaint. This is because it was reasonable to expect Mr X to use his internal right of appeal to the Council.

9. I should explain it is not for the Ombudsman to decide if the points should have been awarded or not. This is because the matter is subject to the Council’s discretionary powers under its policy, and we can only look to see if the policy has been followed. As the policy allows for an internal Council appeal, I would expect Mr X to raise his complaint via this route.

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable to expect him to ask for a Council appeal.

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Investigator's decision on behalf of the Ombudsman