The Ombudsman's final decision
Summary: We will not investigate this complaint about the outcome of a test the complainant took as part of their application for a private hire licence. This is because there is insufficient evidence of fault by the Authority. If the complainant feels the Authority is wrong to refuse to release copies of their mark sheets it would be reasonable to expect him to complaint to the Information Commissioners Office.
The complaint
The complainant, who I will call Mr X, complains about the outcome of a test he took as part of his application for a private hire licence. Mr X does not believe he failed the test and wants the Authority to provide evidence.
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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied for a private hire vehicle driver’s licence. The process requires applicants to undertake a topographical assessment; they have 2 attempts, and the pass mark is 60%.
The Authority advised Mr X that he failed the test and provided him with a breakdown of his scores. Mr X wants the Authority to provide proof that he failed the test. The Authority explained that, under the Data Protection Act, it is exempt from providing detailed individual feedback about the exam.
I will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Authority. The Authority’s policy says that detailed feedback on tests will not be provided. This is clearly explained to applicants on the Authority’s website. The Authority has provided Mr X with a breakdown of his scores and explained that he did not meet the required pass rate. The Authority also explained that Mr X’s test had been through its quality assurance process which confirmed the score was correct. Whilst Mr X disagrees that he failed the test this does not mean the Authority has done anything wrong.
In its response to Mr X’s complaint, the Authority explained that the Data Protection Act means it is unable to provide him with copies of his mark sheet. If Mr X disagrees, it is reasonable for him to bring the matter to the attention of the Information Commissioner’s Office (ICO) as it is better placed than the Ombudsman to consider complaints about data protection and the release of information.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault and it is reasonable for him to complaint to the ICO.
Investigator's decision on behalf of the Ombudsman