Councils and local authorities are responsible for a wide variety of different public spaces such as libraries, leisure centres, swimming pools and parks. They are also responsible for roads and pavements. They must ensure that such spaces and facilities are safe for members of the public to use. If you have been harmed in a place owned or operated by your local council, you could claim compensation. In our guide to suing the council, we look at when and how you could make a compensation claim.
In this guide, you can find information on how to sue the council and how compensation might be calculated. There is also information on the steps you could take before suing the council and what happens if they deny liability for your injuries. Finally, we look at how a No Win No Fee solicitor could help you make a public liability claim.
Get in contact with our team today to learn more about how to sue the council for an injury.
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Browse Our Guide
- How To Sue The Council For Negligence
- Council Compensation Payout Examples
- Steps To Take Before You Sue The Council’
- Choosing The Right Solicitor For Your Claim’
- Further Resources
How To Sue The Council For Negligence
Local authorities and councils are responsible for the maintenance and operation of many different indoor and outdoor spaces. Their responsibilities may include:
- Inspecting, maintaining and repairing roads and pavements. Such as to prevent people tripping on a pavement which is defective or broken.
- Maintaining council properties such as leisure centres, libraries and other buildings.
- Maintaining public parks and other outdoor spaces.
Under legislation such as the Occupiers’ Liability Act 1957 (OLA) they have a duty of care to ensure that council property and spaces are safe for members of the public to use. To make a personal injury claim for an accident and injury in any of these, you must show that:
- The council or other local authority owed you a duty of care. This means that the local council had a legal responsibility to keep you reasonably safe on their property.
- They have breached this duty of care, such as by not fixing broken flooring in a leisure centre despite being aware of it.
- This caused you to be injured. In the above case, you may have tripped and fallen, suffering a broken wrist or broken forearm.
Get in contact with our team today for more advice on suing the council for an accident or injury.
Council Compensation Payout Examples
If you are eligible to sue the council for negligence, you may be wondering how much compensation you could claim. Below we have included a table in which you can find examples of different types of injury you could claim for and the guidelines of compensation for them.
You can find further information on how compensation may be calculated in the next part of our guide. The table below contains guideline figures for injuries and this will be explained shortly.
| Injury | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple forms of injury | Serious up to severe | Multiple forms of injury where significant special damages (including loss of earnings) are awarded | Up to £1,000,000+ |
| Brain injury | Very severe - A | There is either no or very little meaningful response to their environment. | £344,150 to £493,000 |
| Back injury | Severe - A - i | This bracket includes the most severe forms of injury, such as spinal cord damage. | £111,150 to £196,450 |
| Neck injury | Severe - A - i | Neck injuries related to (incomplete) paraplegia. | Around £181,020 |
| Leg injury | Amputation - A - iii | The amputation of one leg, above the knee. | £127,930 to £167,760 |
| Arm injury | Causing substantial/ permanent disability - A | May include a serious fracture of either or both forearms. | £47,810 to £73,050 |
| Foot injury | Serious - E | A foot injury which could lead to (painful) traumatic arthritis. | £30,500 to £47,840 |
| Wrist injury | Less severe - C | May still cause some disability. | £15,370 to £29,900 |
| Knee injury | Moderate - B - ii | The acceleration of a pre-existing knee injury may fit in this bracket. | Up to £16,770 |
| Elbow injury | Moderate or minor - C | Simple fractures fit in this bracket. | Up to £15,370 |
How Claims Are Calculated
The first thing we should note is that the figures above are only guidelines on what could be awarded. They should not be taken as an example of what you will get. This is because council compensation payouts are valued on their own merits.
If you choose to claim with a solicitor from our panel, they will assess your case, looking at what injuries you suffered, how serious these were and what other impact the accident had on you.
In general, compensation is awarded in two parts. These are called general damages and special damages. General damages compensate for your injury (pain and suffering), whilst special damages compensate for other losses caused by the injuries, such as loss of earnings.
General damages can be calculated by using the Judicial College Guidelines (JCG). This document contains guidelines on what may be awarded for different types of injury. The table above uses figures from the JCG in rows 2-10. The top row illustrates a settlement where special damages are also awarded and is not from the JCG.
Special damages may be awarded for costs such as:
- Loss of income, earnings and workplace benefits. This may include contributions to a workplace pension and other benefits.
- The cost of medical care including treatment for your injuries, physiotherapy and medication.
- The cost of care or help in the home. This may include assistance such as help with preparing meals, etc.
- Travel costs related to attending medical appointments.
- Childcare costs if you are unable to care for your child during your recovery.
- Mobility aids or adaptations to your home.
To make a successful claim, you must provide evidence such as invoices for medical treatment, wage slips showing lost income or your bank statements.
Please contact our team for more information on how a compensation calculator may work.
Steps To Take Before You Sue The Council
When taking legal action, such as suing the local council, there are steps you can take which may increase the chance of your claim being successful. The first of these steps is to ensure that you report the accident or incident as soon as possible.
Prior to this, it is wise to take some photographs of the defect that caused your accident. You should put something in it for depth perception, such as a ruler or a 50p piece and take multiple photos from different angles. Photos of the general scene can also be useful. The defect could be repaired and it is best to get the evidence that proves the size of the defect whilst you can.
If the accident happened in the street, such as tripping on a pavement, you could report the accident to the local authority. If the accident took place in a public space, such as slipping on a wet floor in a leisure centre or other council property, you should report the incident to the manager and ensure that it is recorded in their accident report book.
You should also ensure that you seek medical care at the earliest possible opportunity. It is important that you get treatment for any injuries, such as a wrist injury or back injury, as soon as you can. Doing so may give you the best possible chance of making a recovery.
Additional steps you can take can include:
- Collecting evidence. This may include a copy of your medical records obtained from a hospital or GP surgery. Medical records could show what injury you sustained, such as a torn Achilles tendon.
- Obtaining the details of anyone who witnessed your accident and who could provide a statement.
- Taking photographs of the cause or scene of an accident.
If the accident occurred in the street or in a public space such as a local council office or similar building, your accident may have been caught on CCTV. This may help to prove your account of what happened.
What Happens If The Council Denies Liability?
If the defendant in a personal injury claim denies their liability for your accident or injuries, your case may need to progress to court. The council will have been informed of your accident, injuries and what evidence is available to show the council’s negligence.
If your case does need to go to court, a solicitor from our panel could help you build the strongest possible council compensation claim. Issuing a court case may encourage the council to reconsider whether or not they accept liability for your injuries. If they do, it may be possible to negotiate a settlement.
If you choose to work with an expert solicitor from our panel, they will be able to provide advice as to if and when council negligence cases may need to progress to court.
The Role Of The Local Government Ombudsman In Disputes
The Local Government and Social Care Ombudsman may be able to investigate complaints about council services. They can investigate council services even if the council pays another organisation (for example, a private company) to run them.
They will not investigate matters if:
- You are out of time (generally 12 months after the problem).
- They are not the right organisation to deal with the issue.
- The power to investigate the issue is not in their remit.
For more information as to whether you could make a complaint to them, view their guide to what they can and cannot look at.
Please contact our team for further information on council compensation claims or advice on suing the council.
Choosing The Right Solicitor For Your Claim
Whether you are making a claim against a local authority or other organisation, having the right solicitor for your case can make the claims process smoother. Doing so could also increase your chance of both a successful outcome and getting the best possible settlement.
When choosing a solicitor or law firm, you do not need to limit your choices to solicitors in your local area. Today, solicitors can communicate with you digitally, and in most instances, you will not need to meet your solicitor in person. This means you can prioritise choosing a solicitor who is experienced in handling cases similar to yours.
No Win No Fee Agreements
A solicitor from our panel could help you to claim compensation for an injury such as a broken ankle in a public place on a No Win No Fee basis. By doing so, you will not be charged for the solicitor’s services if they do not win your case.
To claim on a No Win No Fee basis, your solicitor will offer you a Conditional Fee Agreement (CFA). This is a way to get legal advice and help with your claim without having to make upfront payments for solicitor’s fees. Instead, you only need to pay those fees if you win your case. If you do win, your solicitor will deduct a success fee from your council compensation settlement. This will be an agreed upon percentage (detailed in the CFA). There is a legal limit on how much may be charged (as a percentage of the compensation), so you will keep the majority of the compensation.
Please contact our team for more advice on how to claim compensation for a broken leg in a public place or other injury.
- Speak to a member of our team using the online chat below.
- Contact us by completing our form and asking us to call you back.
- Or dial 0800 408 7826.
Further Resources
In this final part of our guide you can find additional resources and guides which may help you to sue the council or similar organisation.
- In this guide we look at how much compensation for a facial scar you could claim.
- In our guide to personal injury claims for a broken foot, we look at how compensation may be calculated.
- Find out what you could claim for a broken thumb.
External resources
- Check how to obtain CCTV footage of yourself in this government resource.
- Find out when you can claim Statutory Sick Pay (SSP).
- Royal Society for the Prevention of Accidents information on pedestrian policy.
Thank you for reading our guide to suing the council for an accident and injury. If you still have any questions about how compensation claims against the local council work, please contact our team.