Explanatory Notes

Legal Services Act 2007

2007 CHAPTER 29

30th October 2007

Commentary on Sections

Part 6: Legal Complaints

Complaints Handling – the new system

Section 147: Information and documents

367.This section empowers an ombudsman to require such information and/or documents from parties to a complaint as the ombudsman may specify, before the end of such period (which must be a reasonable period) as the ombudsman may specify, and in such manner or form as the ombudsman may specify (sections 147(1) and 147(2)); provided that the ombudsman considers that the information necessary to determine the complaint (section 147(3)). The ombudsman may take copies of or extracts from a document and, in the absence of a document may require the person asked to produce it to state to the best of that person’s knowledge and belief where it is (sections 147(4) and 147(5)). None of these powers may be used to compel disclosure which could not be compelled in civil proceedings before the High Court (section 147(6)).