The Ombudsman's final decision
Summary: We cannot investigate this complaint about how independent adjudicators are appointed to the Traffic Penalty Tribunal. Adjudicators are judicially appointed, and so the matter Mr X complains about is not an administrative function of the Council.
The complaint
Mr X complained that since December 2023 the independent adjudicators acting for the Traffic Penalty Tribunal (TPT) have not been properly revalidated to ensure they continue to be appropriately qualified and independent. He said the adjudicators were therefore deciding matters they should not have been.
Mr X said this impacted on his case, which had been heard in that time period.
Mr X wanted the Tribunal to place a hold on all adjudications, investigate the matter and re-adjudicate on all cases brought since December 2023.
The Ombudsman’s role and powers
We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Traffic Penalty Tribunal or the judiciary. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We explained in a previous decision that we cannot investigate the Council’s actions in issuing two Penalty Charge Notices to Mr X.
The Council has the legal responsibility for making provision for independent legal adjudication of appeals resulting from civil traffic enforcement penalties it issues. The TPT delivers this provision.
Councils provide resources to support the TPT independent lawyer adjudicators and their support staff. The adjudicators of the TPT are, however, independent lawyers, appointed by the judiciary. They are not employees of the Council.
Given that adjudicators are judicially appointed, the matter Mr X complains about is not an administrative function of the Council. It is not therefore a matter we have the power to investigate.
Final decision
We cannot investigate Mr X’s complaint because the matter he complains about is not an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman