Bolton Metropolitan Borough Council (24 015 796)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 22 Jul 2025
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council supporting the separation of Miss X from her children and the placing of them with a person she says is a perpetrator. A court has decided where her children should live, and the matters she complains of either were or could reasonably have been mentioned during those proceedings. A permanent legal bar now prevents us investigating this complaint.
The complaint
- Miss X said the Council wrote a biased assessment and has supported the placing of her children with a perpetrator.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
- We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Recent court action decided the care arrangements for Miss X’s children. The council’s actions, opinions and assessments either were or could reasonably have been mentioned during those proceedings. A permanent legal bar now prevents us from investigating the complaint.
Final decision
- We cannot investigate Miss X’s complaint because the matters she complains of were or could reasonably have been mentioned during recent court action. A permanent legal bar now prevents us investigating them.
Investigator's decision on behalf of the Ombudsman