Ombudsmen’s statements made during inquiry inadmissible in evidence in any Court or other proceedings

Justice & Courts
Legislation:
Ombudsmen Act 1975
Related legislation:
Privacy Act 1993
Legislation display text:
Ombudsmen Act 1975, Privacy Act 1993
Ombudsman:
Dame Beverley Wakem
Case number(s):
W55215
Issue date:
Format:
HTML,
PDF,
Word
Language:
English

Requirement for Ombudsman’s investigation to be conducted in private—while another party may release details of the investigation, an Ombudsman cannot as this may prejudice the Ombudsman’s investigation and breach the Privacy Act

During an investigation into a complaint about an immigration matter, the complainant requested clarification of the Immigration Service’s comments to the Ombudsman, made during the course of the Ombudsman’s investigation. The complainant wanted the information for the purposes of judicial review. The Ombudsman referred the complainant to s 19(6) of the Ombudsmen Act that no statement made in the course of an Ombudsman’s inquiry shall be admissible in evidence in any Court or other proceedings.

This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.

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