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)
the issues on which evidence is required;
- (2)
the extent to which the evidence required to decide those issues should be oral or written; and
- (3)
the way in which the evidence should be presented to the Ombudsman.
The Ombudsman may:
- (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)
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)
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)
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.