The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s policy for private hire vehicle licensing. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have seen no evidence of fault in the Council’s actions.
The complaint
The complainant, I shall call Mr X, complains about the Council’s policy which does not the same licensed vehicle to be used for more than one operator.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because we have not seen any fault in the Council’s actions. Mr X disagrees with its policy not to allow use of the same car for more than one operator. But the Ombudsman does not act as an appeal body. He cannot intervene simply because a Council has a policy that someone disagrees with. The Council is entitled to set its own policy on this matter.
Investigator's decision on behalf of the Ombudsman