Could you claim against your council?

Your local council (or local authority) has responsibilities towards you. It has a duty of care towards you and this arises when you are in any areas the council looks after. Your council's duty of care towards you means that they must take reasonable steps to keep you safe. For example, to ensure public spaces are free from hazards such as loose debris so that you do not trip and fall. So if you suffer an injury or have an accident whilst in one of these areas, your council may be liable.

Despite the many reasons why you could, and perhaps should, claim against your council where they breach the duty of care, many people fail to. Here are some of the reasons why:

Thinking it isn't worth making a fuss

Many people think that making a claim against the council is not worth the fuss. Therefore, they fail to make a compensation claim. However, when you claim compensation for an accident which was the fault of your council it can help you to recover from your pain and suffering so is well worth claiming for. 

Your personal injury solicitor will help gather the evidence you need to make your claim, so it really is no fuss at all. For example, any police incident numbers and photos of your injury and place of injury. 

Not wanting to challenge authority

Sometimes people fail to claim compensation from their council as they do not want to challenge authority. However, if an authority has acted negligently, they need to be challenged. Your local council has a legal duty towards you and if you suffer an accident which is not your fault, they may have been negligent. You will need to show your injury is a result of the council's failure to care for you. 

Not worth the time or effort

A common reason people fail to make a council claim is that they think it is not worth the time and effort. However, it is often absolutely worth it. You can get compensation for the costs of your medical appointments and medical treatment. Council compensation claims are time-limited as you have three years from the accident to make the claim so it is worth putting in the time and effort now. 

Feeling embarrassed or scared of judgement

When a council has been negligent and caused a personal injury, some people do not make a claim due to feeling embarrassed or scared of judgement. However, such accidents and injuries are more common than you may realise, and it's likely that similar claims have been made before. So there is no need to feel embarrassed or scared about taking the step.

When you suffer an accident in an area the council is responsible for and they owe you a duty of care, you should make a claim against the council. We list some good reasons below.

If a council is liable for your accident, they're liable for your injuries

An important reason to claim against the council is that if they are liable for your accident, they are also liable for your injuries. Your injuries may have caused you to lose earnings and incur medical expenses so you deserve that money back. It is the right and fair action to take.

You have a right to claim compensation

You have a right to claim compensation from your local council where they have been negligent towards you. This can cause you, for example, mental harm or the need for physiotherapy. The amount of compensation you receive will depend on lots of different factors such as how much pain you are in and the earnings you have lost. So you should exercise your right to claim compensation. 

You're owed justice, as well as compensation

Suffering an injury due to the negligence of your council is an unjust experience as they owe you a legal duty of care to keep you safe. An injury at the hands of your council can cause you to have to make adjustments to your home or car due to the level of injuries you sustain. Therefore making a compensation claim allows you to feel some sense of justice as you will be compensated. 

It might be the help you need to get life back on track

A reason to make a claim against your council where they were at fault for the personal injury you suffer is that it can help you get your life back on track. Making a claim can help you in terms of, for example,  the impact a personal injury has on your hobbies and social life. It can help get your life back on track and let you eventually take up those or new hobbies. 

Claiming may encourage others involved in such accidents to do the same

A reason to make a claim against your council for negligence is that it may encourage others to do the same. Where a personal injury is due to council negligence you have a right to make a compensation claim. And the same goes for others who had an accident due to the fault of their council. You can set an example to others to show that where a council breaches their duty of care they need to make amends. 

^{Last updated 31/08/2023}