Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s application for a taxi driver licence. This is because he can appeal to the magistrates’ court.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision to refuse his application for a taxi driver licence. Mr x wants the Council to grant a licence.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law 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)
4. The magistrates’ court considers appeals about licensing decisions.

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How I considered this complaint

5. I considered information provided by Mr X and the Council. I also considered our Assessment Code.

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My assessment

6. Mr X applied for a taxi driver licence. The Council refused to issue a licence because it decided he is not a ‘fit and proper person’ to hold a licence due to motoring offences. The Council told Mr X he has 21 days to appeal to the court. Mr X’s deadline to appeal is 27 February. Mr X disagrees with the decision.
7. I will not start an investigation because Mr X can appeal to court. It is reasonable to expect him to appeal because the Council notified him of his appeal rights and the court is the correct body to consider appeals about taxi licensing decisions. The court can decide if the Council should grant a licence. We do not have that power and it is not our role to decide if Mr X is a ‘fit and proper person’ to hold a taxi driver licence.

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Final decision

8. We will not investigate this complaint because Mr X can appeal to the magistrates’ court.

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Investigator's decision on behalf of the Ombudsman