
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 4th July 2024 the Appellant, Ms Irving, launched an appeal on a GRC1 form, where she alleged that due process had not been followed. Issues surrounding housing in Scotland, issues in Northern Ireland and more were raised, but without the clarity that allowed the Tribunal to know what exactly was being questioned. Consequently, the Tribunal issued Case Management Directions seeking a copy of the decision being appealed. It sought a copy of the decision by 24th September 2024, with a warning that a failure to provide the same might lead to the decision being struck out.
The Appellant had provided via email on 19th August further details, but it did not assist with the relevant issues, save that a “decision letter” of sorts was provided, but not one from which there is an appeal to the Tribunal.
Issues surrounding Pension Credit and indeed other complaints have been alluded to, but nothing that complies with the Tribunal rules and/or assist generally.
Further Case Management Directions were made on 2nd December 2024 seeking the decision letter challenged, a legal basis for the appeal and an indication why the case should not be struck out.
The Appellant did not reply to those Case Management Directions. No further materials were provided.
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 having had two opportunities to provide necessary information, has failed to provide a decision to be appealed and therefore it is impossible for the case to proceed. The failure to assist with the proceedings leaves the Tribunal with no option.
The Appeal is struck out with immediate effect.
Signed: HH Judge David Dixon
Date: 28th May 2025
6th June 2025