Irving v The Parliamentary and Health Services Ombudsman & Anor

The proceedings are struck out under Rule 8(2)(a) because the Tribunal does not have jurisdiction in relation to these proceedings.

    Under Rule 8(2)(a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, the Tribunal must strike out the whole or a part of the proceedings if the Tribunal does not have jurisdiction in relation to the proceedings or that part of them.� Before doing so, the appellant must be given an opportunity to make representations in relation to the proposed striking out (rule 8(4)).

    The Appellant issued a Notice of Appeal on 10 October 2023.� The appeal named the Parliamentary and Health Service Ombudsman ("PHSO").� It did not provide a decision notice from the PHSO.

    The issue of strike out was referred to the Registrar.� On 20 November 2023, Registrar Arnell made directions which stated it is unclear whether the Tribunal has jurisdiction because the documents provided to date do not appear to include an appealable Decision Notice or Penalty. The Appellant was given until 5 December 2023 to state the legislation on which she relies to say the Tribunal does have jurisdiction.

    The Registrar's directions referred to the respondent as "not yet known".� The Appellant has sent emails disagreeing with this.� On 20 November 2023 she sent an email which said she believed the respondent should be the Northern Ireland Human Rights Commission ("NIHRC"). I have therefore referred in this decision to both the PHSO and NIHRC as potential respondents named by the Appellant.