The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that he incurred unnecessary costs relating to a taxi licence renewal. This is because there is insufficient evidence that any fault by the Council caused Mr X injustice.
The complaint
Mr X complains the Council failed to tell him his vehicle was too old to be licensed for use as a taxi. Mr X seeks refunds of the fees he paid for the vehicle to be mechanically examined, £67.25, and for the taxi renewal, £200.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains he incurred unnecessary costs due the Council not properly advising him about the status of his vehicle. Mr X confirms he did receive an email from the Council, prior to him paying the examination/renewal fees, but he says this was unclear and not properly defined.
The Council says Mr X’s vehicle was too old to continue to be licensed as a taxi. It says it’s Taxi and Private Hire Vehicle Policy 2021 explains that no licence will be renewed for a vehicle aged 15 years or older from the date of first registration. It says that all licence holders are expected to be aware of the policy and conditions under which the licence is issued. My understanding is the Council did not reimburse Mr X with the fee he paid to renew, as he transferred the licence to another person.
I consider it is reasonable to expect Mr X to have been aware of the terms and conditions of the licence prior to him incurring his costs. I cannot therefore say that Council fault caused the injustice Mr X claims. We will not investigate for this reason.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of Council fault causing the injustice Mr X claims.
Investigator's decision on behalf of the Ombudsman