How To Sue Local Authority And Council For Claims

If you have been injured in a public place, you may wonder whether you can take legal action against your local authority or council. The simple answer is yes. If the council has failed in its legal duty to keep you reasonably safe, and this failure has caused your accident and injuries, you could be entitled to claim compensation.

This guide will explain in plain and clear terms:

What duty of care councils owe you.
How councils can fail in that duty.
What steps you need to take to prove a claim.
The time limits you must follow.
What types of compensation you can receive.
How legal costs usually work.

The aim is to give you a straightforward picture of how the process works, so that you can make informed decisions if you are considering suing your local council.

Table of Contents

Understanding Duty of Care

Councils and local authorities are responsible for a wide range of public spaces and services. This includes roads, pavements, parks, leisure centres, libraries, housing estates, schools, and other public facilities.

Under the Occupiers’ Liability Act 1957, councils have a duty to take reasonable steps to make sure these areas are safe for the public to use. They must carry out regular inspections, maintain surfaces, and take action when hazards are reported.

If you are an employee of the council, the duty is slightly different. Under the Health and Safety at Work etc. Act 1974, your employer must provide a safe place of work, proper equipment, and adequate training.

If this duty is broken and you suffer an injury as a result, you may have the right to claim compensation.

How Can a Council Breach Its Duty?

There are many ways in which a council could fail in its legal duty. Here are some common examples:

Pavement Accidents

Tripping on a raised paving stone or pothole.
Slipping on ice or snow that was not properly gritted in a busy area.

Generally, surface defects deeper than about 40mm may be considered unsafe.

Road Accidents

A cyclist or motorist hitting a pothole that the council knew about but failed to repair.
An accident caused by poor road markings or broken traffic lights.

The Highways Act 1980 sets out councils’ responsibilities for maintaining roads. They must carry out inspections, fix hazards promptly, and provide warnings of dangers where repairs are not immediate.

Leisure Centres and Libraries

Slipping on an ungritted staircase at a local library.
Falling due to poorly maintained gym equipment at a council-run leisure centre.

Other Situations

Injuries from defective play equipment in a park.
Accidents in council housing caused by disrepair, such as broken handrails or faulty lighting.

In all these situations, if the council knew or should have known about the problem and failed to act, you may have grounds to sue.

What Do You Need To Prove?

To make a successful claim, you must show three things:

The council owed you a duty of care.
The council breached that duty.
The breach caused your injury.

For example, if you tripped over a broken paving stone:

The council owed you a duty to maintain pavements.
They failed to repair the hazard or warn you.
As a result, you fell and broke your ankle.

Evidence is key to proving each part of this chain.

Collecting Evidence

Good evidence makes a big difference to your chances of success. Try to gather:

Photographs of the accident site and your injuries. If possible, place a coin or ruler next to a defect to show its size.
Witness statements – collect names and contact details of people who saw what happened.
CCTV footage – if the area is covered by cameras, you may request the recording.
Medical records – see a doctor after the accident. Records of your diagnosis and treatment are strong evidence.
Accident reports – if the accident happened in a leisure centre, library or workplace, ask for it to be recorded in the official accident book.
Financial records – keep receipts, payslips, and invoices that show how the accident has cost you money.

A solicitor may also arrange an independent medical examination. This helps to confirm the seriousness of your injuries and how they may affect your future.

Time Limits To Sue a Council

In most personal injury cases, you have three years to start your claim. This comes from the Limitation Act 1980.

The three years usually run from the date of your accident.
If your injury was not obvious at first, the time may start from when you became aware of it (for example, when diagnosed by a doctor).

Exceptions

Children: If you were under 18 at the time of the accident, the three-year limit only begins on your 18th birthday. You therefore have until you turn 21. A parent or guardian can claim earlier on your behalf as a “litigation friend”.
Lack of mental capacity: If you are unable to handle your own affairs due to mental incapacity, the time limit is paused. It only begins if and when capacity is regained.

If you are close to the deadline, it is important to act quickly.

Types of Compensation

Compensation is usually divided into two parts:

General Damages

These cover your pain, suffering, and loss of enjoyment of life. The severity of your injuries and how long they last will determine the level of damages. For example:

A severe back injury could lead to awards exceeding £100,000.
A fractured ankle with incomplete recovery might attract around £20,000–£30,000.

Solicitors and courts often use the Judicial College Guidelines (JCG) to help calculate these amounts.

Special Damages

These reimburse your financial losses caused by the injury, such as:

Lost earnings if you cannot work.
Medical expenses, including prescriptions and private treatment.
Travel costs to hospital or therapy sessions.
Care costs, if you need help at home.
Costs of mobility aids or adaptations.

The idea is to put you back, as much as possible, into the financial position you would have been in had the accident not happened.

Example Compensation Figures

Here are some guideline brackets based on the JCG (figures correct as of 2025):

Injury	Severity	Compensation Range
Multiple very severe injuries + financial losses	Very Severe	Up to £1,000,000+
Brain damage	Very Severe	£344,000 – £493,000
Back injury	Severe	£47,000 – £196,000
Arm injury	Less Severe	£23,000 – £47,800
Neck injury	Moderate	£30,500 – £46,900
Leg injury (fractures with incomplete recovery)	Moderate	£21,900 – £33,800
Foot injury	Moderate	£16,700 – £30,500

These are only guidelines. The actual amount depends on your personal circumstances and supporting evidence.

Steps To Take Before Starting a Claim

If you are thinking of suing your local council, it helps to:

Seek medical treatment – this ensures your health is protected and creates a medical record.
Take photographs – record the accident scene before it is repaired.
Report the problem – notify the council about the defect. Ask if it has been reported before.
Record the accident – use accident books in public buildings or workplaces.
Gather documents – keep all receipts, payslips, and other financial records.
Seek legal advice – a solicitor can tell you if you have a strong case and help gather further evidence.

Do You Have To Go To Court?

Many people worry about the idea of going to court. The truth is, most personal injury claims against councils are settled before reaching trial. If the council accepts liability or agrees to negotiate, a settlement can be reached without a hearing.

If the case does go to court, it will usually be a civil court hearing, and your solicitor will represent you.

Legal Costs and No Win No Fee Agreements

Personal injury solicitors often work on a No Win No Fee basis, also called a Conditional Fee Agreement. This means:

You do not pay legal fees upfront.
If your claim fails, you do not pay your solicitor’s fees.
If you win, your solicitor takes a success fee, which is a percentage of your compensation (capped by law).

This system allows you to pursue a claim without the risk of large legal bills if the case is unsuccessful.

Practical Examples of Council Claims

Uneven Pavement: A pedestrian tripped on a raised paving slab, breaking their wrist. The council had received complaints but failed to act. The pedestrian received compensation for pain, lost wages, and physiotherapy costs.
Cyclist Accident: A cyclist hit a pothole on a busy road, suffering head and neck injuries. Evidence showed the pothole had been reported weeks earlier. The council was found negligent.
Gym Equipment Failure: A weight machine in a council-run leisure centre collapsed, injuring a visitor’s back. The court found the council failed to carry out adequate safety checks.

These cases show the variety of situations where claims may succeed.

Final Thoughts

Suing a local authority or council may seem daunting, but if you have suffered because of their negligence, you have the right to seek compensation. Remember these key points:

Councils owe you a duty of care under the law.
If they breach that duty and you are injured, you can claim.
Strong evidence is essential to prove your case.
You must usually start a claim within three years.
Compensation can cover both pain and financial losses.
Legal help is often available on a No Win No Fee basis.

By understanding your rights and the steps involved, you put yourself in the best position to recover both your health and your financial stability after an accident caused by a council’s failings.