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 adjudicators considered Mr X’s case and reached their decision on the appeal and the only way to challenge this is by Judicial Review at the High Court.
The complaint
Mr X complains about London Tribunals’ handling of his appeal against a penalty charge notice (PCN). He disagrees with the decision to dismiss his appeal and says he was not given a fair hearing. His complaint sets out numerous issues with the handling of his case including that he believes London Tribunals erred in law on several points, failed to properly consider his concerns about the authority which issued the PCN and failed to properly consider his request to order the authority to attend the appeal hearing.
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 or about the way in which they reached that decision.
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X’s concerns relate to the handling of his appeal by the adjudicator and their decision to dismiss his appeal. These are not administrative matters as they go to the heart of the decision-making process. The adjudicators have considered Mr X’s appeal, along with his request for a review of the decision, and if Mr X wishes to challenge the decision his remaining means of doing so is by Judicial Review at the High Court.
Final decision
We cannot investigate this complaint. This is because we have no jurisdiction to investigate any complaint about the adjudicator’s decision or the way in which they reached that decision.
Investigator's decision on behalf of the Ombudsman