Last Updated 4th November 2025. Within this guide, we will discuss personal injury claims against local authorities. We will explain the duty of care that local authorities owe you and how to sue the council.
Additionally, we will share the different heads of claim you could be awarded as part of your compensation settlement if your claim is a success. We will also discuss the time limits that must be adhered to when starting legal proceedings.
Furthermore, we will provide some of the benefits of making a personal injury compensation claim with one of our No Win No Fee solicitors.
How To Sue The Council – Step-By-Step Guide
- Prove council negligence: This involves showing that the council failed to fulfil its duty of care (the legal obligation to take practical action to ensure your reasonable safety) to you, directly resulting in you being injured in an accident.
- Gather evidence: Your council injury claim can be supported with photographs, CCTV footage, medical records, complaints, and documents like receipts to prove financial losses.
- Make a complaint: Taking this action could trigger an investigation into what happened, while its findings and the complaint itself could be used as evidence for a claim.
- Check time limits: Generally, the limitation period states that the process for starting a claim against the council must begin within 3 years of an accident.
- Seek legal help: A solicitor experienced with claiming against a local authority can guide you through the process, help obtain supporting evidence, and handle correspondence on your behalf.
If you have any questions regarding how to sue the council for negligence or would like free advice for your case, you can contact our advisors. They are available 24/7 and can be reached via the following methods:
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- How Much Compensation Could You Receive From Suing The Council For Negligence?
- Council Accident Compensation Claims Criteria
- Steps To Take If You Are In A Local Authority Or Council Accident
- Examples Of Council Accident Compensation Claims
- Case Study: £95,000 Successful Claim Against A Local Council
- What Is The Time Limit For Suing The Council?
- How To Sue The Council On A No Win No Fee Basis
- Helpful Links Regarding A Claim Against The Council
How Much Compensation Could You Receive From Suing The Council For Negligence?
If you’re eligible to claim compensation from the council for injuries sustained due to their negligent actions, your payout could include general damages and special damages.
General damages is a head of claim that would compensate you for the suffering and pain of your injuries, both physical and mental.
When calculating general damages for council compensation claims, those responsible for doing so may refer to the results of an independent medical exam in conjunction with the Judicial College Guidelines (JCG). This is a publication which provides guideline compensation brackets for various injuries at different severities.
The table below includes brackets from the JCG. However, these should only be used as guidance, and the first entry is not taken from the document.
| The reason for claiming compensation | Guideline compensation | Some notes |
|---|---|---|
| Multiple Severe Injuries and Related Costs | Up to £500,000+ | Settlements may compensate for more than one injury and related expenses including lost wages and nursing care. |
| Back injury - severe (i) (a) | £111,150 to £196,450 | Cases range from disc fractures to the very worst injuries, i.e. nerve root damage and spinal cord damage. |
| Back injury - moderate (i) | £33,880 to £47,320 | Such cases can include soft tissue injuries, muscle and ligament disturbance, and residual disability of a much lesser severity than the next category. |
| Ankle injury - very severe (a) | £61,090 to £85,070 | Injuries that classify as very severe are unusual and limited. This includes instances of transmalleolar ankle fractures with lots of damage to the soft tissue. |
| Ankle injury - severe (b) | £38,210 to £61,090 | This is an injury whereby the person has had plates and pins inserted, or they have spent a long period of time in a plaster, or they have needed treatment for an extensive period. |
| Ankle injury - moderate (c) | £16,770 to £32,450 | The claimant will typically have suffered a ligamentous tear or fracture, which will result in a less serious disability. This could mean that the person experiences awkwardness while using stairs or they find it challenging to walk on ground that is not even. |
| Ankle injury - modest (d) | Up to £16,770 | This is a less serious, undisplaced or minor fracture, ligamentous injury, or sprain. |
| Wrist injury - very severe (a) | £58,710 to £73,050 | This results in injuries whereby the person has experience total loss of function to the wrist. |
| Wrist injury - moderate (c) | £15,370 to £29,900 | The person will experience a degree of stiffness and persisting pain, yet this is of a lesser degree. |
As well as general damages, you may receive special damages for a successful claim. This head of claim compensates for out-of-pocket expenses caused by your injuries. These could include:
- Care costs
- Travel expenses
- Loss of income
- Medical expenses
You will need documentary evidence to support your claim for special damages. Pay slips, bank statements and receipts could be useful in supporting compensation claims against local councils that include special damages. To learn more about what your payout could include, you can contact an advisor.
Council Accident Compensation Claims Criteria
If you are wondering how to sue the council for an injury, you must show that you’ve suffered negligence. Negligence is the combination of the council breaching their duty of care, and you being injured.
The council owes you a duty of care under the Occupiers’ Liability Act 1957 when you are using a public space they are in control of, such as a public park. In this instance, the council must take steps to ensure your reasonable safety. If they fail to do so and you suffer either a psychological or physical injury as a result, you may be able to pursue a personal injury claim.
As such, here is th the claims eligibility criteria:
- The local council owed you a duty of care as you were lawfully on their premises.
- The local council breached their duty of care because they did not take the expected steps to ensure reasonable safety.
- As a direct result of this breach, you were injured.
To learn more about council compensation payouts in the UK, and to confirm your claim eligibility, please contact us.
Steps To Take If You Are In A Local Authority Or Council Accident
If you want to make a personal injury claim, you need to have enough evidence to establish that negligence occurred.
Some examples of evidence that you can use to help you sue the council for emotional distress in the UK and any physical injuries caused include:
- Photographs: For example, if you were injured by a loose paving stone, taking a picture of this can help prove your claim. It can also be helpful to take pictures of any visible injuries.
- CCTV footage: Similar to the above, video footage of the accident can be used to help prove your claim.
- Witness details: If you take down the contact details of anyone who witnessed the accident, they may be able to give a statement to a professional later.
- Medical records: It’s important to seek medical attention if you’re injured. This is for your own health, but it can also help your claim. Details of your injuries and treatment found in your medical records can be used to help prove your case.
- Correspondence: Keep hold of any correspondence that you had with the council concerning the accident and your injuries. This might include letters raising concerns about the hazard that led to your injuries, or a complaint made about what happened to you.
- Inspection logs: This could indicate that the council lacked an adequate inspection system or failed to make repairs in a timely manner, despite being aware that a hazard posed a significant and immediate danger to the public.
This might seem daunting, but a professional can help. One of the benefits of making a claim with the help of a solicitor is that they can gather evidence for you, such as by talking to witnesses.
How Does Making A Complaint Before You Sue The Council Help Your Claim?
Making a formal complaint before you sue the council can help your claim by creating an official report of the incident and a paper trail of correspondence that could be used as evidence to strengthen your claim further. If you believe the council hasn’t followed the correct procedures for your complaint, you can escalate matters to the Local Government and Social Care Ombudsman (LGSCO).
The LGSCO is an independent service responsible for investigating complaints about councils (together with other local public services). Please note that the LGSCO generally does not investigate complaints made more than 12 months after a problem has occurred.
To find out how one of our solicitors could help you prove a claim against the local council or authority, contact our team.
Examples Of Council Accident Compensation Claims
There are many situations you may find yourself in when the council owes you a duty of care. However, breaching this duty may result in you sustaining an injury, and you may be entitled to a council compensation payout.
Below are some examples of the types of accidents and injuries the council may be responsible for if they breach their duty of care.
Pavement Accidents
The council is responsible for ensuring all pavements are safe for all who may use them. Therefore, if a pavement defect is reported to the council, they must fix the problem to prevent the public from sustaining injuries.
For example, you may be walking along a pavement and fail to see a raised paving slab as leaves cover it. If this caused you to trip over, resulting in your arm becoming fractured, you may be eligible to sue the council.
Pothole Accidents
The council is also responsible for keeping our roads safe and hazard-free to prevent road traffic accidents and injuries they may cause to road users. Therefore, if there is a defect in a road, such as surface deterioration, it is the council’s responsibility to resolve the problem.
For example, a pothole may have been reported to the council. If they failed to mark it or fill it in, and this resulted in your car accident, causing a leg crush injury, you may be eligible to make a claim. This is because they failed to keep the roads in a safe condition, causing your injury.
Public Park Accidents
The council also has a duty of care to maintain the safety of public parks and playgrounds to prevent visitors from becoming injured whilst using them. If hazards arise that may place visitors in danger, the council is responsible for fixing them.
For example, a child may be playing on a swing that was not correctly secured. If this resulted in the child falling off and sustaining a head injury, the council may be held liable for breaching their duty of care.
There are many scenarios you may find yourself in when the council owes you a duty of care. If you become injured because of their negligent conduct, our solicitors may help you claim compensation.
Case Study: £95,000 Successful Claim Against A Local Council
In this example case study*, we look at a successful claim against a local council that resulted in Mr A being awarded £95,000 for a severe back injury sustained when they tripped on a broken pavement slab while doing high street shopping. This injury required surgery and extensive physiotherapy, and Mr A was left with permanently reduced mobility that affected his ability to work.
Mr A decided to make a claim against the local authority and sought help from a specialist No Win No Fee personal injury solicitor. They used inspection logs and other evidence to show that the council was aware of the broken slab, but made no attempt to arrange repairs, despite it being on a busy high street.
After the council admitted fault, Mr A was awarded £95,000 in an out-of-court settlement. This payout covered his injuries, lost earnings, privately funded surgery, travel expenses, and physiotherapy costs.
To discuss the specific circumstances of your accident, please get in touch today. Our advisors can provide a case assessment free of charge to determine if you are eligible to claim with one of our solicitors.
What Is The Time Limit For Suing The Council?
Typically, you have 3 years to start a claim against the council for negligence. This time limit begins from the date of injury, as outlined by the Limitation Act 1980.
However, there are exceptions in cases involving a person who is:
- Below the age of 18
- Incapacitated to the extent that they cannot make decisions for a claim
Under these circumstances, the time limit is frozen. They may be able to claim at a later date, or a litigation friend can proceed on their behalf. This term refers to an eligible person who represents the claim in the interest of someone who cannot represent themselves.
Those who can act as a litigation friend include:
- A guardian/parent
- A solicitor
- A friend or relative
- A professional advocate
- A person with enduring or lasting power of attorney
- A Court of Protection deputy
You can contact an advisor for free today to find out more information about the time limit for your case. They can also address any other queries you may have about how to sue the council. If you are eligible, they could connect you to an expert No Win No Fee solicitor who can draw on a wealth of experience to help you gain compensation.
How To Sue The Council On A No Win No Fee Basis
If you are eligible to claim compensation from the council for a personal injury, one of our solicitors could offer to assist you under a No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA). Under a CFA:
- There isn’t anything to pay upfront for your solicitor’s work.
- Also won’t be ongoing payments towards your solicitor’s services.
- If the claim is not successful, your solicitor won’t take a fee for their work.
- You only pay a fee if your claim succeeds. This is known as a success fee and your solicitor will deduct it directly from your compensation. Furthermore, a legal limit applies to the percentage taken as this fee. Thus ensuring that you get to keep the majority of your compensation.
To check whether one of our No Win No Fee solicitors could help you, or to ask questions about council compensation payouts, please contact an advisor. They can evaluate your claim for free, and answer any questions you might have about the claims process. To get started:
- Call 0800 073 8801
- Live chat with an advisor online.
- Contact us here, and an advisor will call you back.
Helpful Links Relating To A Claim Against The Council
- Lodging a complaint against your council
- Making an insurance claim against your council
- How to claim compensation for an accident in public
- Claiming for an accident in a shop
- Can I make a claim for a cycling accident?
*Please note that the case study was illustrative.
Thank you for reading our guide about how to sue a council. If you have any further questions or would like to get a claim started, please speak to a team member.
