Taxi drivers fear criminal prosecutions amid North Yorkshire Council ‘error’

Taxi drivers say they are living in fear of facing criminal prosecutions after North Yorkshire Council’s move to unify the trade left them “plying for hire illegally”.

The council has been warned by a consultant working for taxi drivers that it has been reported to the Local Government and Social Care Ombudsman after failing to acknowledge it had made an error when attempting to change where taxi drivers can work earlier this year or to take any remedial action.

It follows a taxi industry expert claiming in its rush to introduce a single area for taxis across the county, the council had not followed the legal procedure to create a single hackney carriage licensing.

Earlier this year opponents of the council’s proposed taxi policy had told a meeting of the authority’s executive it would lead to the clogging up of taxis in town centres while leaving sparse cover in rural areas, particularly for wheelchair users.

A meeting of the authority’s executive heard that while a working group of elected members with significant experience of licensing had made a series of recommendations which the council’s officers had “tossed aside like a pair of old slippers” and come up with a series of different proposals.

Before the launch of North Yorkshire Council in April, taxis were licensed by the seven district and borough councils, including Harrogate Borough Council, which meant hackney carriage taxis could only ply for hire on the ranks and in the streets in the area of the district council by which they were licensed.

In the weeks after vesting day, the new licensing authority oversaw all hackney carriage taxis being able to ply for hire on all the ranks and streets of any town in North Yorkshire.

It is illegal for anyone to ply for hire in an area for which they are not licensed. On conviction, a fine of up to £2,500 may be imposed.

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Although hackney carriage taxi drivers do not expect the council would prosecute them for plying illegally, as the council has already decided it wants Hackney carriage taxis to be able to ply for hire throughout the area, drivers are concerned they might still face prosecution by the police, and fines from the courts on conviction.

Ripon cabbie Richard Fieldman, formerly a Harrogate Borough Council hackney carriage taxi driver, said drivers had only discovered the council had not followed the legal procedure after seeking a consultant’s advice.

He said the council was applying different rules to hackney carriage taxis licensed in different parts of the county, “even though we were now supposed to be one area, subject to one set of rules”.

Photo of Ripon taxi driver Richard Fieldman

Richard Fieldman, who runs his taxi in Ripon.

In a response to consultant David Wilson, of A2Z Licensing, the council said he had raised “important issues”, but added it did not agree it was facilitating the illegal operation of hackney carriages within its area.

A council spokesman said: 

“The council has been clear through its communication, consultation and within the executive report that the council intended to create a single hackney carriage zone.”

Mr Wilson said as the council has failed to acknowledge its error and to take remedial action to comply with the current legal position, in the three weeks since the situation was brought to its attention in June, trade representatives were set to report the council to the ombudsman.

Mr Wilson said: 

“Although admitting an error was made may be embarrassing for the new council and those licensing officers and lawyers involved, we are all human and make mistakes from time to time.

“What is important is that the council acknowledges its mistake and takes urgent action to comply with the law, restricting hackney carriage taxis to ply for hire in one of the former seven district council areas until such time as the council legally merges then into a single area.

“Members of the public can, however, be reassured that a hackney carriage taxi is insured, even if plying for hire illegally in an area in which it is not licensed.”

Ripon hackney carriage driver Katie Johnstone said: 

“The time has come for the council to admit it has driven a coach and horses through taxi law and to get around the table with trade representatives to work out how this situation can best be resolved.”

In response, North Yorkshire Council’s corporate director of environment, Karl Battersby, said:

“We have received the letter and are taking legal advice on the points raised. We will be responding as soon as we can.”

Harrogate council sees increase in complaints in last five years, says study

Harrogate Borough Council has seen a rise in complaints over the last five years, according to an analysis of local government data.

A study by legal firm claims.co.uk shows that the authority has seen an 18.97% increase in complaints since 2017.

The analysis used figures from the Local Government Ombudsman and showed the most improved council’s across the Yorkshire and Humber region.

According to the study, Harrogate came 19th, below Kirklees Borough Council and City of York Council, out of 19 council where full data was available.

The figures show that the council received on average 3.6 complaints per 10,000 people across the district between 2017 and 2019.

This increased to 4.3 between 2019 and 2022.

Scarborough Borough Council was the most improved with a decrease in complaints of 38.95%, followed by North Lincolnshire Council with 34.62%.

George Patton from Claims.co.uk said:

“Council tax has increased by an average of £67 for Band D properties this year amid the cost of living squeeze.

“Along with the tax hike are residents’ rising expectations towards their local authorities to provide better services.

“Hence, although taking on your council might seem daunting, it’s vital to know your right as a resident and speak out if you feel that your council has failed to deliver a service.”

A Harrogate Borough Council spokesperson said:

“Harrogate Borough Council aims to provide an excellent service to our customers. If we get something wrong, we want to try to put it right quickly and learn from the mistake to help improve services in the future.

“We are generally able to resolve the complaints we receive but sometimes our customers are not satisfied with our response to their complaint and we signpost them to refer their complaint to the Local Government & Social Care Ombudsman (LGSCO).

“The data published by the LGSCO shows that it has received 103 enquiries or complaints relating to Harrogate Borough Council over the last 5 years and made 101 decisions on these referrals.

“Many of these cases were closed after initial enquiries (43), referred back for local resolution (29), or not upheld (11).

“In only nine cases was the complaint against the council upheld.”

In June, the Local Democracy Reporting Service revealed that in 2020/21 13 complaints were made against councillors alone.

There were 11 complaints where a monitoring officer and independent person ruled that investigations were not needed. This included allegations of bullying by a parish councillor.

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