Bolton Metropolitan Borough Council (21 018 265)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 30 Mar 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s actions concerning Miss X’s children. The matters complained of are not separable from ongoing court action about where her children should live.
The complaint
- Miss X said the Council fabricated allegations against her involving violence.
The Ombudsman’s role and powers
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X referred to court action several times in her complaint to us. The Council has also stated there is ongoing court action regarding her children.
Final decision
- We cannot investigate Miss X’s complaint because the matters complained of are not separable from those before a court.
Investigator's decision on behalf of the Ombudsman