Claims against the council

There are a variety of types of accidents you could claim against your local council for. For example, if you are injured using:

• a library
• a home owned by the local council
• council offices 
• public transport 
• waste disposal

Below we explain some common types of accident claims against local councils.

Your council is likely responsible for many of the public roads, particularly smaller roads, as well as pavements in your local area. The local council should regularly risk assess the state of their pavements and roads. Damaged or poorly maintained roads and pavements can be a serious danger to anyone using them, including pedestrians, drivers, cyclists and all other road users.

The local council should make sure roads and pavements are  safe for use by carrying out regular maintenance to fix any problems, such as:

• damaged curbs and broken paving slabs
• uneven paving stones where they are sticking up by over one inch  and which can cause slips, trips or falls resulting in a broken foot or a broken leg
• potholes that are 40mm or more deep the council are aware of
• faulty traffic lights they know about 
• broken streetlights, worn road markings and  incorrect signage which can lead to road traffic accidents

Councils are also responsible for making sure that roads and paths are gritted when there's a risk of cold weather or ice. Although it might not always be possible for them to grit every road, they should make sure major roads are safe. They should also ensure the streets and pavements are clear of debris. 

Everybody deserves a safe place to live. If your safety has been put at risk because of the council's negligence, then this can feel like a breach of your trust.

If you live in council-owned housing, your local council is responsible for making sure the building doesn't pose a risk to you and your family. This includes making sure:

• faulty electrical items, such as cookers and electrical appliances are well maintained and fixed as soon as a problem is found
• checking for loose roof tiling or gutter pipes and scheduling maintenance
• ensuring loose carpeting or broken bannisters are fixed
• making sure council gardens and paths are clear and well maintained to prevent slips and falls

It's likely your local council will have a page on their website where you can report these kinds of hazards. If you're unsure, you should always contact your council as soon as you find a hazard.

Playgrounds and parks are places of fun, which makes accidents in these areas even more shocking. As a parent, you should feel confident that your child can safely play without the risk of hurting themselves.

Although general wear and tear of park paths and playground equipment is unavoidable, councils should carry out regular maintenance checks to make sure all visitors are safe. For example, they should ensure that broken glass and dangerous litter are removed as well as hazards such as fallen trees

Faulty equipment, such as poorly maintained climbing frames, damaged safety tiles and broken flooring, can cause severe injuries to adults as well as children and can lead to lasting trauma. 

When you and your family use leisure centres, such as swimming pools and gyms run by the council, you go there to have fun or exercise. You do not expect to suffer an injury or have an accident. However, accidents can occur in these council-run premises such as slips, trips and falls.

When children are dropped off at school each day, the last thing a parent expects is for their child to be at risk of injury while in the school's care.

Minor injuries such as scraped knees and bruises are very common when children are playing, but if the school has failed to follow health and safety laws, this can cause injuries that could be avoided.

Public schools and the areas immediately around them are maintained by the council's Local Education Authorities (LEAs), who have a duty of care to protect the pupils and visitors within the school grounds. Part of this is making sure that any hazards are signposted and fixed as soon as possible. It also includes, for example, ensuring that equipment is regularly maintained such as desks and climbing frames

If your child has been injured because an LEA failed to maintain safety standards, then it's likely we can help you make a compensation claim on your child's behalf.

Another duty of care for local councils is any social care they offer. Often those in social care are already vulnerable, particularly such as:

• children
• old people
• vulnerable adults

Therefore it is essential that a local council takes care to keep these people safe and where they are negligent, this is an area you can claim compensation against the local council for. 

When you make a personal injury claim, you must have evidence to support your claim. This will prove that compensation is owed to you for your claim against the local council.  Therefore, you will need evidence to show the council has been negligent, which might include, for example:

• photos of the injury and accident scene
• mobile phone footage or dashcam footage
• medical records to prove, for example, attendance at A&E or pictures of x-rays
• any relevant CCTV footage 
• details of witnesses
• an accident report form
• police incident number
• measurements of the scene of injury such as to a pothole where this caused the accident

Claiming against a local council can mean making a compensation claim on behalf of someone else such as a family member or loved one. You can do this when:

• the person you are making the personal injury claim for has passed away and you are the executor of their estate 
• you make the compensation claim against a local council for someone who lacks the mental capacity to do so themselves, so are their litigation friend

If your child suffers a personal injury or accident due to a local council, you can claim on their behalf and can do so at any time until they turn 18 years old. Therefore, the normal three-year time frame which applies to personal injury claims does not apply to a child. You make a claim as their litigation friend.

If you have had an accident or personal injury due to a local council and want to make a compensation claim, at National Accident Helpline, you can do this on a no-win no fee basis. This means that you make your compensation claim taking no risk whatsoever.

When you make a compensation claim against a local council it is normal to question how much you can claim. The answer to this depends on the personal circumstances.  

You may also receive special damages which depend on many different factors These can include:

• modifications you have made to make due to the  impact on your day-to-day life such as installing a stair lift in your home or changes to your vehicle
• money you have lost such as earnings from your job
• expenses you have and possibly continue to incur, such as for travel and medical bills

How long a compensation claim against a local council takes is dependent on a variety of issues. A compensation claim against a local council could take very little time if the council speedily admits the personal injury or accident was their fault. If they don't, your compensation claim could take much longer. 

There is a time limit to make a compensation claim for any personal injury claim, and this includes one against a local council. You will need to start your compensation claim within three years of when it occurred or when you realised it did or were diagnosed, which is the date of knowledge. The three-year period does not, however, apply to children or someone who lacks mental capacity.

However, despite the three-year limit, it is advisable to claim as soon as possible as this will help with your claim in terms of gathering evidence.