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DISP 3.5 Evidence


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.


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 or licensee4 to provide information that an Ombudsman has requested; and

  4. (4)

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


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


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.


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.


3The Ombudsman may, where he considers it appropriate, take into account evidence from third parties; including, but not limited to, the FSA, other regulators, experts in industry matters and experts in consumer matters.