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Status: You are viewing the version of the handbook as on 2005-06-30.

DISP 3.5 Evidence

DISP 3.5.1RRP

The Ombudsman may, in relation to the evidence which may be required or admitted when he considers and determines a complaint, give directions as to:

  1. (1)

    the issues on which evidence is required;

  2. (2)

    the extent to which the evidence required to decide those issues should be oral or written; and

  3. (3)

    the way in which the evidence should be presented to the Ombudsman.

DISP 3.5.2GRP

The Ombudsman may:

  1. (1)

    exclude evidence that would otherwise be admissible in a court of law or include evidence that would not be admissible in such a court;

  2. (2)

    where he considers it necessary or appropriate, accept information in confidence, so that only an edited version or (where this is not practicable) a summary or description is disclosed to the other party;

  3. (3)

    reach a decision on the basis of what has been supplied and take account of the failure by a complainant or a firm to provide information that an Ombudsman has requested; and

  4. (4)

    dismiss a complaint if a complainant fails to supply required information.

DISP 3.5.3GRP

The provisions in DISP 3.5.2 R (1) follow the provisions of the Civil Justice Rules.

DISP 3.5.4RRP

For the purposes of DISP 3.5.2 R (2), evidence which the Ombudsman may accept in confidence includes confidential evidence about third parties and security information.

DISP 3.5.5RRP

The Ombudsman may request a party to a complaint to provide evidence necessary for the determination of the complaint under section 231 of the Act. A failure to comply with the request can be dealt with by the court under section 232.