Mark Jervis v The Information Commissioner
[2023] UKFTT 208 (GRC)
Tina Dawn Irving v The Parliamentary and Health Services Ombudsman & Anor
20 December 2023
[2023] UKFTT 1087 (GRC)
First-tier Tribunal
Someone tried to appeal to a special court because they felt their human rights were violated. The court couldn't hear the case because the person didn't show them the right paperwork or a law saying they could hear the case. The court said it can only hear cases specifically allowed by law.
Key Facts
- •Appeal filed by Tina Dawn Irving against the Parliamentary and Health Service Ombudsman (PHSO) and potentially the Northern Ireland Human Rights Commission (NIHRC).
- •No decision notice from PHSO or NIHRC indicating a right of appeal to the Tribunal was provided.
- •Appellant claimed jurisdiction based on the Human Rights Act 1998.
- •Appellant failed to specify the statutory basis for appealing to the Tribunal.
Legal Principles
The Tribunal's jurisdiction is limited to appeals against decisions by specific public bodies as defined by statute.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, Rule 8(2)(a)
Concerns about human rights infringement do not automatically grant a right of appeal to this Tribunal against all decisions.
Tribunal's inherent jurisdiction based on statute
The Tribunal only has the powers granted to it by Parliament.
Tribunal's inherent jurisdiction based on statute
Outcomes
Proceedings struck out.
The Tribunal lacked jurisdiction to hear the appeal due to the absence of a decision notice indicating a right of appeal and the lack of statutory basis for the appeal.