The Ombudsman's final decision
Summary: We cannot investigate this complaint about the suspension of the complainant’s taxi licence. This is because the complainant has appealed to the Magistrates’ Court. The complaint is therefore outside our jurisdiction.
The complaint
The complainant, whom I shall refer to as Mr X, complained the Council had suspended his taxi licence. Mr X was also unhappy with the way the Council had dealt with a complaint he made about other taxi drivers.
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 Courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr X’s complaint about the Council’s decision to suspend his taxi licence. This is because he has appealed to the Magistrates’ Court. The complaint is therefore outside our jurisdiction. Mr X’s complaint about other taxi drivers is inexorably linked to the appeal made to the Court and is not something we can consider.
Investigator's decision on behalf of the Ombudsman