Case Reference: FT.PEN.2024.0258
PENSIONS
Decided without a hearing
Before
JUDGE HHJ David Dixon
Between
TINA IRVING
Appellant
and
THE Parliamentary and Health Service Ombudsman
Respondent
Decision: The appeal is struck out.
REASONS
On 2nd September 2024 Mr Griffin supplied an email to the Tribunal that purported to be an appeal. The email was not in correct form, nor did it contain the specified information, namely the appeal decision form. He was advised of the same and he provided further details, but not the decision itself.
As a result of the lack a decision letter being provided, Case Management Directions, were supplied.
The Appellant did not reply to the Directions.
The Respondent did not comply with the Directions in that a Response was not provided, nor indeed was any correspondence forthcoming.
As a result, further Case Management Directions were made requiring the decision letter be filed by 6th January 2025. No response was received.
By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal) (General Regulatory Chamber) Rules 2009, the Tribunal may strike out a party’s case, in whole or in part, where:
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 or part of them;
the appellant has failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or
the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.
Here the Appellant has failed to co-operate with the proceedings, has failed to provide a decision to be appealed and therefore it is difficult to see any reasonable prospect of the case proceeding. The repeated failing to engage and assist with the proceedings leaves the Tribunal with no option.
The Appeal is therefore struck out with immediate effect.
Signed: HH Judge David Dixon
Date: 28th May 2025