Case Reference: FT/SL/2024/0051
Standards and Licensing
Determined in Chambers on 13 January 2025
Before
TRIBUNAL JUDGE FINDLAY
Between
DERHYCE GILL-RANDINO
Appellant
and
LUTON BOROUGH COUNCIL
Respondent
Decision: The appeal is struck out under Rule 8(3)(a) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (“the Rules”).
REASONS
The Appellant lodged an appeal using the GRC1 form with the Tribunal on 8 May 2024. The appeal was incomplete because the Appellant did not include with the appeal a copy of the decision they are seeking to challenge.
Rule 22(3) of the Rules provides that if the proceedings challenge a decision, the Appellant must provide with the notice of appeal a copy of any written record of that decision, and any statement of reasons for that decision that the Appellant has or can reasonably obtain.
Case Management Directions dated 30 July 2024 directed the Appellant to provide a copy of the decision they sought to challenge by 14 August 2024.
The Appellant failed to comply with the directions.
Case Management Directions dated 15 October 2024 directed the Appellant to provide to the Tribunal the decision of the Respondent they sought to challenge. It was explained that the decision was likely to be a letter sent to the Appellant .
The Appellant was directed to provide the decision by no later than 29 October 2024. The Appellant was told that if the letter was not provided the appeal would be struck out for not complying with the direction and no further directions would be sent.
The Appellant has failed to comply with the Case Management Directions of 15 October 2024.
In an email dated 30 July 2024, the Appellant indicated that she was confused about what was required.
I am satisfied that the Case Management Directions dated 15 October 2024 made clear to the Appellant what was required.
There are grounds to strike out the proceedings because the Appellant has failed to comply with a direction which stated that failure by the Appellant to comply with the direction could lead to the striking out of the proceedings.
The Appellant may apply for the proceedings to be reinstated under Rules 8(5) and (6) of the Rules. The application must be in writing and be received by the Tribunal within 28 days after the date on which this Decision is issued.
Signed: J Findlay Date: 13 January 2025