The Ombudsman's final decision
Summary: We will not investigate this complaint about the Councils. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant had a right of appeal to the courts.
The complaint
The complainant, I shall call Mr X, complains the Council rejected his appeal against a decision not to relicense his taxi.
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 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)
How I considered this complaint
I considered information provided by the Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because he had a right of appeal to the magistrates’ court which is relatively inexpensive.
We have discretion to disapply the rule outlined in paragraph two where we decide it would be unreasonable to expect a person to go to court. I have seen nothing to suggest it is unreasonable to have expected Mr X to use his right of appeal.
Investigator's decision on behalf of the Ombudsman