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Councils have wide-ranging responsibilities, extending from public spaces like libraries to roads and pavements. If a council has failed to keep you safe, causing you harm through no fault of your own, you may be eligible to make a claim for compensation. Whether your injury was sustained in a trip on a broken pavement or an accident in a public park, the impact on your health and finances can be serious. If you’re ready to learn about how to make claims against the council, please continue reading this guide and find out whether you have a case for compensation.
Essential Information
- You may be able to make a claim if you can prove the council acted negligently and you were injured as a result.
- Compensation in claims against the council can cover the physical, psychological, and financial impacts of your injury.
- Typically, you have 3 years to begin a public liability claim.
- You can reach out to our team of advisors 24/7 for free and confidential guidance.
- A solicitor from our panel can help you start a No Win No Fee claim today.
To speak with a claims advisor now, contact us at any time, day or night. You could receive a free, no-obligation claim assessment:
- Call 0333 0000 729
- Fill out our ‘Contact Us‘ form.
- Message an advisor through live chat.
Jump To A Section
- Can I Make A Claim Against The Council?
- Can I Claim Compensation For Housing Disrepair Against The Council?
- How Much Council Compensation Could I Be Entitled To?
- Can I Claim Compensation For A Council Data Breach?
- How Can I Prove Council Negligence Caused My Accident?
- Does It Take Long For Claims Against The Council To Settle?
- Can I Make A No Win No Fee Council Compensation Claim?
- More Information
Can I Make A Personal Injury Claim Against The Council?
Yes, you can make a personal injury claim against the council if it can be shown that you were hurt due to their negligent actions. As such, you must be able to demonstrate that:
- The council owed you a duty of care.
- They breached that duty (acted negligently).
- Your injury resulted from this breach.
You may have heard the term ‘duty of care’ previously. Essentially, it’s the responsibility that a third party, such as a council, has towards the safety of others. Under the Occupiers’ Liability Act 1957, councils have a duty of care to use practical measures to ensure people are reasonably safe when visiting the public spaces they’re in control of. If a council breaches that duty, and injuries are caused as a result, you may be eligible to claim.
Please continue reading as we highlight several scenarios in which a compensation claim may be made against the council.
Examples Of Personal Injury Claims Against The Council
Below, you will find examples of personal injury claims that could be made against the council.
Road Traffic Accidents
- A deep pothole on a residential road had been reported multiple times, but the council repeatedly delayed approving repairs. A cyclist hit the pothole, was thrown from their bike, and suffered a fractured collarbone and head injury.
- Road markings at a busy junction had completely faded, causing confusion between drivers. The council had not repainted the markings despite being aware of the issue for some time. This leads to a collision between a car and a motorcyclist, who sustained severe injuries to their legs.
Trips And Falls On Pavements
- A broken slab on the pavement had been reported numerous times over several months, but the council had failed to repair it within a reasonable timeframe. A pedestrian subsequently tripped and fell over the slab, fracturing their wrist.
- A raised tree root caused an uneven pavement surface outside a school. The council had not performed routine inspections in that area for over a year. As a result of this failure, a parent tripped over the raised paving and sustained a dislocated shoulder.
Leisure Centre Accidents
- A loose floor tile in a council-run swimming pool changing area had not been fixed despite several complaints. A swimmer stepped on the loose tile, slipped and fell, suffering a serious back injury that required months of physiotherapy.
- A child slipped on a wet floor in a leisure centre hallway where no warning signs were displayed about the surface. CCTV later showed that cleaning staff had failed to put out hazard signs, which led to the child breaking their arm during the fall.
Public Park Or Playground Accidents
- Multiple metal bolts have been left protruding from a damaged climbing frame in a local playground. Despite a recent inspection, no action was approved by the council to either make repairs or cordon off the frame. This leads to a child gashing their leg on the bolt, requiring stitches and a tetanus shot.
- A popular park footpath had become severely eroded due to inadequate drainage, but the council had ignored a series of complaints. An elderly visitor lost their footing while walking along the path, falling and suffering a hip fracture.
Car Park Injuries
- A council-owned multi-storey car park had no lighting on the upper levels due to long-standing electrical issues that had been dismissed as low priority by the council. A person exiting their vehicle tripped over a crumbling kerb and sustained a knee injury.
- Despite being located in the town centre, a council doesn’t perform regular maintenance or inspections on a car park barrier gate. Due to this poor maintenance, the barrier malfunctioned and closed unexpectedly on a driver’s vehicle while they were exiting. The driver suffered soft tissue injuries due to the sudden jolt.
Can I Make A Council Claim On Behalf Of A Loved One?
You can make a council claim on behalf of a loved one if they cannot pursue compensation on their own. To do so, you would need to become their litigation friend. This role also gives you the responsibility of making case-related decisions for your loved one, so long as they are:
- Under the age of 18.
- Lack mental capacity.
However, you will not be able to claim again the council on behalf of someone from these categories if and when they turn 18 or regain their mental capacity.
Would you like more personalised guidance on acting as a litigation friend? Or would you like to share how you sustained your injury? If so, don’t wait to find out whether you can make a claim against the council. Contact our advisory team today to discuss the circumstances of your accident with us and get a completely free case assessment.
Can I Claim Compensation For Housing Disrepair Against The Council?
Yes, you could claim compensation for housing disrepair against the council if you are able to show how a local authority has failed to meet its responsibilities as your landlord. Councils have a statutory duty to keep council properties in a safe and habitable condition. If they fail to do so and you suffer property damage, financial loss, or an injury as a result, you may have grounds to claim.
Housing Disrepair Claims
Your right to claim for housing disrepair is primarily established under Section 11 of the Landlord and Tenant Act 1985. This legislation places a duty on councils and housing associations to ensure their properties are properly maintained. Their responsibilities include:
- Maintaining drains, gutters, and external pipes
- Keeping heating and hot water systems in working order
- Ensuring the electrical, gas and water systems are safe and functional
- Repairing sinks, baths, and other sanitary installations
If the council fails to address reported disrepair in a timely manner, you could claim compensation for:
- Damage to personal belongings.
- Higher heating bills due to faulty systems.
- Damp-related damage to walls and furniture.
- The inconvenience of living in unsafe or unsuitable conditions.
Personal Injury Claims
If disrepair in a council-owned property has caused you or a loved one to suffer a physical injury or illness, you could also be entitled to make a personal injury claim. This is supported by Section 4 of the Defective Premises Act 1972, which allows claims against landlords, including councils, if:
- They were made aware of the disrepair.
- They failed to take action within a reasonable time.
- You suffered harm as a result.
Examples of when you might claim include:
- Falling down unsafe stairs due to a broken handrail that the council refused to fix in a timely manner.
- Developing respiratory problems or skin conditions from exposure to mould or damp that a council repeatedly failed to address.
- Suffering burns from a heating system a council knew to be faulty.
You may also claim for psychological injuries, such as emotional distress caused by prolonged disrepair, provided you have supporting medical evidence like GP or psychologist reports.
Unsure if you’re eligible? Speak with one of our advisors to share your experience and get a free, impartial assessment of your situation.
How Much Council Compensation Could I Be Entitled To?
The amount of council compensation you may receive depends on 2 heads of claim: General and special damages. The starting point of your claim will be general damages, which compensate you for the physical and psychological impacts that have resulted from your injury. If those injuries resulted in financial loss, then you may be able to recover the costs under special damages.
Factors considered when assessing the value of general damages include:
- Type and severity of the injury.
- Long-term effects, such as a disability or mobility issues.
- Impact on mental health.
- Whether a full recovery is possible and how long that will take.
To help value general damages, solicitors sometimes use the Judicial College Guidelines (JCG). These guidelines are helpful with this task as they publish a set of suggested compensation brackets for a wide range of injuries. You can find a selection of these brackets below. However, since they are only suggestive, they do not represent a guarantee of compensation. Please also keep in mind that the top row is not from the JCG.
| Injury type | Severity | Guideline compensation figures | Notes |
|---|---|---|---|
| Multiple severe injuries plus special damages | Severe | Up to £1,000,000+ | Compensation for more than one serious injury plus associated financial losses, such as care costs. |
| Brain/Head | Very Severe | £344,150 to £493,000 | In this bracket, factors considered include what extent a claimant has insight (if there is any), sensory impairment, and the degree of any behavioural problems. |
| Pelvis and hips | Severe (i) | £95,680 to £159,770 | Cases include extensive pelvis fractures, such as an injury involving a ruptured bladder and low back joint dislocation. |
| Moderate (i) | £32,450 to £47,810 | Significant injury, but any permanent disability is not considered major, while any risk in future is not great. | |
| Knee | Severe (i) | £85,100 to £117,410 | A serious injury featuring issues like gross ligamentous damage, considerable pain, and lengthy treatment. |
| Moderate (i) | £18,110 to £31,960 | Bracket can involve a dislocation, torn cartilage, or meniscus that leads to issues like minor instability. | |
| Wrist | Complete loss of function (a) | £58,710 to £73,050 | Such as cases where an arthrodesis has been needed. |
| A fracture or soft tissue injury (d) | £7,420 to £12,630 | Where a recovery is over 12 months, but is largely complete or complete. Persisting symptoms will be minor. | |
| Shoulder | Severe | £23,430 to £58,610 | Often featuring neck injuries that involve brachial plexus damage, causing significant disability. |
| Moderate | £9,630 to £15,580 | Cases include soft tissue injuries, causing symptoms that are more than minimal. These symptoms persist for more than 2 years without being permanent. |
What Other Damages Can Be Covered In Claims Against The Council?
As touched on above, claims against the council can also cover special damages. This head of claim can help you recover any loss or out-of-pocket expense you suffered as a result of your injuries. Examples of special damages include:
- Lost wages from taking time off or future earnings if your ability to work is affected.
- Medical care, such as private treatments, physiotherapy, counselling, or prescriptions.
- Travel expenses for medical appointments. These costs could include train tickets or petrol.
- Damage to personal property, such as clothing or electronic devices.
- Home care and assistance, whether provided professionally or by family members.
- Adaptations to your home, such as ramps or handrails, if your injury affects your mobility.
You will need to back up any claim for special damages with proof. So, be sure to hold on to any potential evidence, such as receipts, invoices, and payslips.
Our advisors are available 24/7, so you can get a quick response to any query you may have about compensation and special damages.
Can I Claim Compensation For A Council Data Breach?
Yes, you could claim compensation for a council data breach if certain eligibility criteria are met. Councils are obligated to comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, which together are the foundation for data protection laws in the UK.
To meet their responsibilities, councils can take steps such as providing appropriate data protection training or ensuring that cybersecurity software is regularly updated. If they fail to do so, they may be liable for any psychological or financial harm that someone suffers as a result of a personal data breach. The Information Commissioner’s Office (ICO), the UK’s independent data regulator, defines a personal data breach as a security incident that leads to someone’s information being:
- Lost
- Altered
- Destroyed
- Accessed
- Or otherwise disclosed without authorisation
For instance, a council may be liable if an employee sends a letter containing your data to the wrong address despite them having your correct details on file. Alternatively, staff might fail to properly dispose of paperwork, such as leaving documents in an unsecured rubbish bin. That could allow a third party to gain unauthorised access to your personal information.
To summarise the criteria for making a data breach claim, you must demonstrate that:
- The local council failed to meet its obligations under data protection laws.
- This failure resulted in a breach of your personal data.
- You suffered financial harm, emotional distress, or both due to the breach.
How Is Data Breach Compensation Calculated?
Data breach compensation is calculated by considering both the psychological and financial impact on you. A data breach can be deeply distressing, with far-reaching consequences for an individual’s mental health. This harm, referred to as non-material damage, can encompass anxiety, emotional distress, or post-traumatic stress disorder (PTSD).
The financial loss resulting from a breach is referred to as material damage. You may be able to claim for:
- Loss of earnings due to taking time off work.
- Relocation costs if you had to move home due to safety concerns related to the breach.
- Extra home security, such as installing locks or alarms.
- Therapy or counselling to support you recover from the psychological impact.
Below is a table based on the JCG showing brackets for general psychiatric damage and PTSD. Again, please keep in mind that the top row is not from the JCG, and the table itself isn’t a guarantee of compensation.
| Type of psychological harm | Severity | Guideline compensation figures | Notes |
|---|---|---|---|
| Multiple types of severe harm + financial loss | Serious | Up to £250,000+ | Compensation for more than one severe type of psychological harm plus associated financial losses, such as therapy. |
| General psychiatric damage | Severe (a) | £66,920 to £141,240 | Bracket will consider factors like impact on the claimant's ability to work and the degree that treatment would be a success. There will be a very poor prognosis. |
| Moderately severe (b) | £23,270 to £66,920 | There will still be significant problems connected the factors considered in the above bracket, such as the effect on claimant's relationship with family, but with a more optimistic prognosis. | |
| Moderate (c) | £7,150 to £23,270 | There may have been problems associated with above brackets, like the claimant's capacity to cope with life and education, but with a good prognosis and a marked improvement by trial. | |
| Less severe (d) | £1,880 to £7,150 | The award will consider the degree that a claimant's sleep and daily activities were impacted, and the duration of the disability. | |
| PTSD | Severe (a) | £73,050 to £122,850 | Effects will be permanent, either preventing a claimant from being able to work or at the least function at anything near pre-trauma levels. |
| Moderately severe (b) | £28,250 to £73,050 | A better prognosis than above bracket, thanks to there being some degree of recovery with professional assistance. Nevertheless, the impact of the PTSD will still be likely to cause significant disability for the foreseeable future. | |
| Moderate (c) | £9,980 to £28,250 | A large recovery will be made, and any continuing effects won't be grossly disabling. | |
| Less severe (d) | £4,820 to £9,980 | A virtual full recovery will be made within 1-2 years. Any persisting symptoms will only be minor. |
To find out whether you are able to make a council data breach claim, feel free to reach out for a free and completely confidential case assessment.
How Can I Prove Council Negligence Caused My Accident?
To prove that council negligence caused your accident, you need to have evidence showing how your injuries were the direct result of a duty of care being breached. You can strengthen your claim with evidence such as:
- Photographs or videos of the accident. If a pothole led to your injuries, you should use a ruler or other measuring tool to highlight its dimensions.
- Copies of your medical records and scans, highlighting your injuries, diagnoses, and any long-term health impacts.
- An accident report (if made to the council).
- Witness contact details, as they could provide a statement to your solicitor at a later date.
- Police incident number (if applicable).
- Maintenance or inspection logs.
If you are connected with a specialist solicitor from our panel, you’ll get help from the start with gathering the right documentation for your case. They can also assist with reviewing the evidence and ensuring it’s put together effectively to build a strong case for compensation. You can find out more by reaching out to an advisor for further information on the services offered by our panel of solicitors.
Does It Take Long For Claims Against The Council To Settle?
There is no definitive timeframe for how long it takes for claims against the council to settle. However, certain procedures help guide the process.
Once your claim has been submitted, the Pre-Action Protocol for Personal Injury Claims applies. This outlines the expected conduct and timeframes for both parties. According to the protocol:
- The local authority has 21 calendar days to respond after receiving a formal Letter of Claim (the notification that a claim is being opened).
- They then have 3 months in which to conduct their investigations.
- During this period, the council can confirm whether they admit liability.
If liability is admitted, the claim can proceed to the negotiation stage, where the parties involved attempt to reach an agreement regarding compensation. However, there are several factors which may impact how long a claim takes to settle, including:
- Whether there is a clear prognosis for your injuries and recovery. If you’re still receiving treatment, this may delay the assessment of your condition.
- What evidence is needed to support your claim
- The availability of that documentation.
- How quickly the council accepts liability, or whether the authority disputes responsibility for your injuries.
No matter how long your claim against the council takes, rest assured that a solicitor from our panel will be there with you every step of the way. Reach out now for a free consultation and let our advisors guide you through the process of starting a claim.
Can I Make A No Win No Fee Council Compensation Claim?
Provided that you have a valid case, you can make a No Win No Fee council compensation claim through one of the specialist solicitors from our panel. Specifically, you can claim under the advantageous terms of a Conditional Fee Agreement (CFA). This arrangement means:
- You pay no upfront solicitor fees.
- There are zero solicitor fees to pay during the claim itself.
- If your claim fails, you don’t pay any solicitor’s fee for the work done on your case.
A success fee is taken by your solicitor for their work only if the claim wins, which is a small, capped percentage of your compensation. This percentage is agreed upon before the claims process begins, so there are no surprises and you keep the bulk of the compensation.
Free Advice From Legal Helpline
You can get free advice from Legal Helpline 24 hours a day, 7 days a week. They can provide you with a free initial consultation to determine if you have grounds to claim compensation. If eligible, they’ll put you in touch with one of the No Win No Fee solicitors making up our expert panel.
The benefits of claiming with one of the solicitors from our panel aren’t limited to the advantageous terms of a CFA. From the outset, you’ll get access to a range of high-quality services tailored to meet your specific needs. Our panel of solicitors understand that navigating the claims process can feel daunting without support, which is why they provide:
- Straightforward explanations about the claims process and terminology
- Access to specialists to support recovery process. Those specialists can include physiotherapists, psychologists, and occupational therapists
- Help with evidence gathering, such as organising an independent medical assessment or obtaining witness statements
- Professional representation at all times, whether that involves handling official communications or arguing your case during negotiations for compensation
- Consistent updates to ensure you never feel lost or unsupported during the claims process.
Whether you would like to share your experience or get personalised guidance on making claims against the council, our advisors are on hand to answer any of your questions:
- Call 0333 0000 729
- Fill out our ‘Contact Us‘ form.
- Send a message in our live chat box on the screen.
More Information
Browse some of our similar guides:
- Discover the compensation claims time limit.
- Find out about claiming for an accident in a garden.
- Learn about what the pavement trip hazard height is in the UK.
You might also find some useful information on these pages:
- Health and Safety Executive (HSE) –Guidance on how local authorities enforce health and safety.
- Gov.UK – An overview of Statutory Sick Pay (SSP).
- ICO – An overview of data protection rights.
Reach out to our advisory team today for free, personalised guidance on claims against the council.
