Everything You Need To Know About Council Compensation Claims

Have you or someone you know suffered an injury from an accident that was not your fault? Do you believe the council could be responsible? If so, read our guide about council compensation claims and see how we could help.

Throughout the guide, we will explain exactly how to claim personal injury compensation against the council and discuss different areas where accidents could occur, such as roads, leisure centres, and public play areas.

Key Takeaways When Making Council Compensation Claims

  • You could claim compensation if you can prove the council was liable for your injuries.
  • The local authority could be responsible for maintaining various public spaces.
  • If your personal injury claim is successful, your award could consist of up to two types of damages.
  • You could be eligible to seek compensation with the support of a No Win No Fee solicitor from our panel.

If you would like to know more about council compensation claims, please get in touch with our advisors for a no-obligation chat:

People walking in a council controlled area.

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Who Can Make Council Compensation Claims?

Council compensation claims could be made if the accident occurred in a public place, such as a public park, public road, leisure centre, or public walkway and/or pavement, that the council was responsible for maintaining. However, you will need to satisfy the claiming criteria.

This means that you must prove the following:

  • The council owed you a duty of care to ensure your reasonable safety while you were on their premises. This is set out in the Occupiers’ Liability Act 1957.
  • There was a breach of this duty. For example, the council failed to take action when a broken railing was reported in one of the buildings they occupy.
  • You sustained injuries as a result of this breach. For example, you fell down the stairs because of a broken railing.

If you would like to discuss council compensation claims call our advisors today for your free, no-obligation consultation. An advisor can listen to the circumstances of your accident and advise on whether you have good grounds to start a personal injury claim.

Accidents On Pavements And Roads

Your local council is responsible for maintaining pavement and certain types of roads. If you suffer an injury because of the local authority’s action or inaction while on one of these roads, you could claim compensation. Examples of accidents that could occur on council operated roads and pavements include:

  • Uneven paving stones can cause slips, trips, or falls, resulting in a fall and/or avoidable injury. Although there’s no set height for the defect, it is typically one inch or more.
  • Pothole injury claims can be made if council is aware of but has failed to repair. A pothole is typically defined as a road surface defect that is at least 40mm deep.  
  • Faulty traffic lights that the council is aware of but have failed to repair.
  • Road signs and markings have worn off, and the council’s failure to maintain them could also result in injuries.

If sustained injuries on a road or pavement, get in touch to discuss council compensation claims.

Car driving past a pothole on a council road.

Council House Injuries

If you are provided with a council house to live in, it is important that you feel safe. The council could be responsible for carrying out checks and repairs. If they fail to do so within a timely manner and this results in injuries, you could be eligible to make a personal injury claim. The following could be seen as unsafe:

  • Loose roof tiles, gutters, and pipes are not maintained regularly.
  • Carbon monoxide poisoning if the council failed to install detectors.
  • Broken bannisters resulting in a fall down the stairs causing a neck injury.
  • Leaking toilet causing a wet floor which resulted in a slip, trip and fall causing a head injury.

To discuss the incident that result in your injury, speak to an advisor. They can help assess council compensation claims eligibility.

Leisure Centre And Council Gym Claims

When using leisure centres, swimming pools, or gyms that are run by the council, you do not expect to have an accident that results in an avoidable injury. However, council negligence can occur. Accidents that can occur in council-operated leisure facilities include:

  • Slipping in a pool area that has not been maintained properly.
  • Faulty showers leading to burns and scalds.
  • Defective changing rooms. For example, if a changing room door is broken it can trap a finger causing a crush injury or amputation.
  • Faulty gym equipment, which can cause broken bones.

If you have had an accident at a local authority property and would like to know more about council compensation claims, call our advisors for more information.

Claims For Accidents In Council-Run Schools

If council-run schools fail to enforce health and safety laws, then accidents can occur, resulting in avoidable injuries. The council’s Local Education Authorities (LEAs) maintain public schools and the areas around them, and they have a duty of care to protect all pupils and visitors within the school grounds. Accidents could be caused by:

  • No signs of any hazards, such as a wet floor sign.
  • Defective school equipment (broken desks, climbing frames, electrical sockets)
  • Defective doors.

Interior of an empty school classroom with empty desks and chairs.

Making A Claim On Behalf Of A Child

If the claimant is under the age of 18 (classed as a minor) then they would be unable to start their claim until their 18th birthday. However, an adult could start the claim on their behalf by applying to the court and becoming a litigation friend.

If you would like to discuss any of the matters relating to council compensation claims or starting a claim on behalf of your child, call our advisors today for your free consultation.

Public Playground And Park Accidents

Parents want their children to be safe at all times, including in public places such as playgrounds and public parks. However, accidents could happen due to:

  • General wear and tear on the paths, play areas or playground equipment.
  • If the flooring in the play area is not maintained properly. For example, this can create sharp areas.
  • No removal of litter/debris.
  • Hazards such as fallen trees or tree roots.

If you or someone you know has had an accident in a public place and would like to speak with one of our advisors call today for your free, no-obligation consultation. An advisor can discuss council compensation claims with you and explain the process involved with making a claim.

How Much Compensation Could I Get?

An award for a successful council compensation claim could consist of up to two types of damages.

General damages cover your pain and suffering, whilst special damages cover the financial impact on your life, which we discuss in more detail in the next section.

For us to value council compensation claims, we use your medical report and a document known as the Judicial College Guidelines (JCG). The JCG is used by those responsible for calculating compensation as a guide for valuing injuries. It contains a list of different types of injuries in varying types of severity.

Below is a table showing a few figures from the JCG. Please note that the first insert of the table has not been taken from the JCG. As every claim is different, please only use the table as guidance.

InjurySeverityAmount Guideline
Multiple injuries and special damagesMost severeUp to £1,000,000 +
Brain and head injuriesVery severe£344,150 to £493,000
Moderately Severe£267,340 to £344,150
Less severe£18,700 to £52,550
Neck injurySevere (i)In the region of £181,020
Severe (ii)£80,240 to £159,770
Severe (iii)£55,500 to £68,330
Arm InjuriesLess Severe£23,430 to £47,810
Back injuryModerate (ii)£15,260 to £33,880
Pelvis and HipsLesser injuries (i)£4,820 to £15,370

Special Damages

Special damages cover the financial impact on your life.

Examples of this could be:

  • Loss of earnings – if you have had to take time off (this could be recent or for any future earnings, including any bonuses or overtime missed out on).
  • Care & assistance – another person taking care of you with day-to-day chores.
  • Medical costs – costs of medications or prescriptions.
  • Travel costs – to and from medical appointments.
  • Clothing – damaged clothing as a result of your accident.
  • Broken items (phone, bike, helmet)  – fallen onto or dropped during the accident.

It must be noted that special damages are not always recoverable; however, we do recommend filing a claim for them. Having evidence of your financial losses, such as receipts, will help support this part of your personal injury claim.

If you would like a free valuation and compensation assessment, please get in touch using the details at the top of the screen.

How Could A No Win No Fee Solicitor Help Me?

If you are eligible to claim against the council, you may wish to have the support of a solicitor. One of the personal injury solicitors from our panel could help you with your compensation claim. As part of their services, a solicitor from our panel will handle all the paperwork, help you gather evidence, and arrange medical appointments. Additionally, they will file paperwork and can negotiate with the Defendant’s solicitor.

You can use our services on a No Win No Fee basis under a Conditional Fee Agreement (CFA). Our panel of experts have extensive knowledge and many years of experience in handling compensation claims against the council. Benefits of using our services on a No Win No Fee basis include:

  • No upfront or ongoing fees for your solicitor’s work.
  • No fees for the solicitor’s services if the claim is unsuccessful.
  • A success fee only becomes deductible from the compensation you have been awarded if your claim succeeds. This fee is a percentage that is subject to a legislative cap.

If you would like to speak with one of our advisors and discuss council compensation claims, please get in touch. An advisor can assess your grounds to claim and if it seems eligible, you could be connected to a No Win No Fee solicitor from our panel.

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More Information

Here are additional guides for you to look over.

Further resources are below.

We would like to thank you for taking the time to read our guide on everything you need to know about council compensation claims and we look forward to your call.