London Councils Transport & Environment Committee (23 017 636)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 20 Mar 2024
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the way London Tribunals heard an individual appeal about a parking contravention. This is because we have no legal jurisdiction to investigate where the complainant has appealed to a tribunal
The complaint
- The complainant (Miss W) is complaining about the way her legal appeal was conducted by London Tribunals which receives administrative support from London Councils. Specifically, Miss W’s complaint relates to how the hearing was handled. Her appeal related to civil enforcement for a parking contravention and she says the adjudicator failed to make reasonable adjustments and contact her in a way which accommodated her health needs.
- In summary, Miss W says she incurred financial loss in the form of the fine and for unnecessarily taking time off work for the appeal. She wants to receive compensation for the impact on her.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended).
How I considered this complaint
- I considered information provided by the complainant and the Authority. I also considered the Ombudsman’s Assessment Code.
My assessment
- The issues Miss W complains about relate to her individual appeal, the hearing and adjudicators decision. We cannot investigate a complaint where the complainant has appealed to a tribunal, nor any matter related to it. London Tribunals has informed Miss W that if she wishes to contest the adjudicators decision, she may apply for a review. We have no legal jurisdiction to investigate.
Final decision
- We cannot investigate this complaint as it relates to Miss W’s individual appeal to London Tribunals and the decision of the adjudicator.
Investigator's decision on behalf of the Ombudsman