The Ombudsman's final decision
Summary: We will not investigate this complaint that the Authority delayed renewing the complainant’s taxi driver licence which left him unable to work for two months. This is because there is insufficient evidence of fault by the Authority.
The complaint
The complainant, whom I refer to as Mr X, complains the Authority delayed renewing his taxi driver licence and asked for unnecessary medical evidence. Mr X could not work for two months because his licence had expired. Mr X wants compensation.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Authority. This includes Mr X’s application and requests for medical evidence. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
Mr X’s licence was due to expire on 22 March 2022. The Authority sent a renewal letter on 14 November 2021. The letter recommended Mr X reapply as soon as possible to avoid any delays. The Authority sent a reminder in January.
Mr X submitted his renewal on 23 February. There had been some changes in his health since he last applied and the Authority, as advised by Occupational Health, needed Mr X to supply more medical evidence to demonstrate he is medically fit to hold a licence.
Mr X supplied all the required evidence by 29 April which was then assessed by Occupational Health. The Authority issued a new licence on 30 May.
I will not investigate this complaint because there is insufficient evidence of fault by the Authority. The Authority processed the application in a little over three months. It invited Mr X to reapply in November and recommended he do so without delay; if Mr X had reapplied in November then it seems likely he would have received a new licence before the previous one expired.
Mr X says the Authority asked for unnecessary medical evidence that he had to pay for. The Authority has a responsibility to ensure taxi drivers are medically fit to hold a licence and Occupational Health needed more evidence to make that assessment. It is not fault for the Authority to follow the advice of Occupational Health and it is not my role to question their professional medical judgement.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Authority.
Investigator's decision on behalf of the Ombudsman