The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to delay its adoption of a policy for all taxi’s to be wheelchair accessible. This is because further investigation would not lead to a different outcome.
The complaint
The complainant, who I will call Mr X, complains about how the Council have dealt with a planned policy for all taxi’s to be wheelchair accessible. Mr X said he purchased a wheelchair accessible vehicle believing that it would be mandatory to do so by December 2021, but the Council then decided to delay the implementation of the policy and now won’t let him change his vehicle.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2018, the Council adopted a policy which required all taxi vehicles to be wheelchair accessible by a deadline of 31 December 2021. In September 2021, after consulting with groups which included the local Taxi Association, the Council made the decision to remove the deadline. This meant that whilst all new taxis would need to be wheelchair accessible those already operating vehicles that were not wheelchair accessible could carry on doing so.
Mr X complained to the Council about the decision. He said that he had already purchased a wheelchair accessible vehicle prior to the Council removing the deadline, and he would not have done so if he had known this. He wants to be able to purchase a non-wheelchair accessible vehicle but says the Council’s policy will not allow this.
I will not investigate Mr X’s complaint. This is because further investigation would not lead to a different outcome. It is for the Council, not the Ombudsman, to decide what policy its adopts or amends. We therefore cannot instruct it to reverse its policy decisions.
The Council has told Mr X he can apply for a licence for a new vehicle, and if it doesn’t meet the criteria laid out in its policy it will refer the application to be considered by the licensing committee. Mr X has not yet submitted such an application, but this is an option that remains open for him. We cannot tell the Council to grant Mr X a licence for a vehicle that does not meet the criterial laid out in its policy.
Final decision
We will not investigate Mr X’s complaint because investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman