The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about London Tribunals’ handling of his appeal against a penalty charge notice. This is because the complaint concerns the way the Adjudicator considered the evidence and reached their decision on the appeal and such matters are not subject to investigation by the Ombudsman.
The complaint
The complainant, Mr X, complains about the conduct of his appeal by an Adjudicator at London Tribunals. He says the Adjudicator failed to apply binding rulings from higher authorities and dismissed his appeal, causing him financial loss.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
London Tribunals considers parking and moving traffic offence appeals for London. The appeals are heard by adjudicators who are appointed by the Lord Chancellor.
We have jurisdiction to investigate complaints about the administrative actions of London Tribunals. However, the adjudicators themselves act in a quasi-judicial way. We cannot consider a complaint about a decision taken by an adjudicator on an individual appeal.
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
Final decision
We cannot investigate this complaint. This is because it concerns the way the Adjudicator reached their decision on Mr X’s appeal and this is not an issue subject to investigation by the Ombudsman. The only way to challenge the Adjudicator’s decision is by Judicial Review.
Investigator's decision on behalf of the Ombudsman