Source · LGO (Local Government & Social Care Ombudsman)

Transport for London

LGO (Local Government & Social Care Ombudsman) Other Reference 22-005-423 Sector Environment And Regulation Category Licensing Decided 04 September 2022

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Authority’s decision not to renew the complainant’s taxi vehicle licence. This is because there is insufficient evidence of fault by the Authority.

The complaint

The complainant, whom I refer to as Mr X, complains about the Authority’s decision not to renew the vehicle licence for his taxi. He wants the Authority to renew the licence.

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 Council. This includes the complaint correspondence and information about the vehicle licensing rules. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

My assessment

London taxis must be under 13 years of age to operate in London. The Authority issues licences for 12 months.

Mr X registered a new taxi on 19 April 2010. The taxi will reach the 13 year limit on 19 April 2023. Mr X needed to have renewed the licence before 18 April 2022 to ensure he met the 13 year limit of 19 April 2023.

Mr X applied to renew the licence a few days after 18 April 2022. Mr X contacted the Authority on 26 April to say there had been an oversight on his part as he had had to go abroad following an unexpected bereavement. He asked the Authority to allow a late renewal on compassionate grounds.

In response the Authority explained the age rules for taxis and said that to renew the taxi now would mean it would operate after the maximum age limit. It said it cannot renew the licence and to do so would be unfair to other drivers. The Authority said Mr X might be able to get financial help with the cost of a new taxi.

I will not investigate this complaint because there is insufficient evidence of fault by the Authority. I appreciate Mr X had the shock of an unexpected bereavement and it is understandable he missed the deadline. However, the Authority’s decision not to permit a renewal which would breach the age rules is consistent with the rules so there is no reason to start an investigation. We do not act as an appeal body and we cannot intervene simply because the Authority makes a decision that someone disagrees with. We could not ask the Authority to issue a licence when that would be contrary to the rules.

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

View original on LGO (Local Governme… website

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