Council Compensation Payouts In The UK – How To Claim

You may be wondering about council compensation payouts in the UK if you have been harmed due to your local council acting negligently.

You may claim compensation from your local council for a number of reasons. Compensation claims are often a housing disrepair claim, personal injury claim, or, on rarer occasions, a combination. The shorter explanation of these council compensation claims are as follows:

  • Personal injury claims are when you sue the council for failing to protect you from harm when they were supposed to.
  • Housing disrepair claims are when you sue the council as your landlord because that council failed to keep your property safe and sanitary, despite you raising the issue.

This guide will explore these compensation claims in detail. We will then go on to discuss the council compensation payouts are calculated and explain how to claim for compensation.

Finally, we will discuss the benefits of approaching a personal injury solicitor to work on a No Win No Fee basis. Contact our advisors now for a free claim assessment with no obligation:

Red and white warning tape crosses a path in a public park with a running jogging in the background.

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When Could You Claim Compensation From The Council?

You could be eligible to make a compensation claim against a local council if you can prove that you suffered harm due to the council acting negligently.

There are two types of claims you could potentially make against a local council. These are:

Personal Injury Claims

Councils are in control of various public spaces, such as libraries and public parks. Under the Occupiers’ Liability Act 1957, they have a duty of care to ensure the reasonable safety of those who visit that public space.

If they fail to adhere to their duty of care, and this causes you to suffer an injury, you could be eligible to make a public liability claim (which is a type of personal injury claim).

Some examples of when you may be able to make a personal injury claim include:

  • You trip on an uneven pavement slab. The council were aware of this defect but failed to repair the issue within a reasonable time. This caused you to suffer a leg injury.
  • A bench at a public park had not been regularly maintained. This caused the bench to collapse when you sat on it, and you suffered a hip injury.

A shattered power main socket is partly covered with fraying insulation tape.

Housing Disrepair Claims

Under the Landlord and Tenant Act 1985 (LTA) and the Homes (Fitness for Human Habitation) Act 2018, you have rights as a tenant. The LTA specifically sets out the areas of your home that your landlord is responsible for (this includes if the local council is your landlord). These include:

  • Exterior areas.
  • The property structure.
  • Utility supplies, such as heating and water.
  • Sanitation fixings, such as plumbing.

If your landlord let any of these fall into disrepair and they refuse to fix them within a reasonable timeframe, you may be able to claim housing disrepair compensation.

Additionally, under Section 4 of the Defective Premises Act 1972, your landlord can also be held accountable for the disrepair and the harm it has caused you.

If you can prove that your landlord was aware of the disrepair and they didn’t fix these issues within a reasonable time frame, and this caused you to suffer an injury or illness, you could be eligible to make a personal injury claim against them.

For example, if you broke your arm after you slipped and fell on a wet floor that was caused by a leaking roof. Your landlord was aware of this issue and took no steps to resolve this issue.

To see whether you could make a compensation claim against your local council, you can contact our advisors.

How Council Compensation Payouts Are Calculated

Another question you may be wondering is, ‘How are council compensation payouts in the UK calculated?’.

If you make a successful personal injury claim against a local council, the compensation you are awarded could be made up of two parts:

Those valuing your claim within England or Wales can refer to any medical evidence as well as the Judicial College Guidelines (JCG). Within this document are compensation guidelines for a range of injuries.

We have used some of these guidelines within the table below, aside from the first entry, which has not been taken from the JCG.

InjurySeverity (as per JCG)Compensation Band
Multiple Severe Injuries plus Special DamagesVery SevereUp to £1,000,000 or more
Brain and HeadVery Severe£267,340 to £344,150
BackSevere (i)£111,150 to £196,450
ArmSevere£117,360 to £159,770
NeckSevere (ii)£80,240 to £159,770
General Psychiatric InjurySevere£66,920 to £141,240
FootVery Severe£102,470 to £133,810
LegSevere (ii) Very Serious£66,920 to £109,290
HandSerious£35,390 to £75,550
ShoulderSerious£15,580 to £23,430

How Much Compensation – Special Damages

Additionally, as we previously mentioned, council compensation payouts in the UK may also include special damages.

Some examples of financial losses you could claim for under special damages include:

  • Loss of earnings if your injuries required you to take time off work.
  • Medical expenses for paying for physiotherapy or prescriptions, for example.
  • Care costs for any care required at home due to your injuries.
  • Travel expenses to necessary medical appointments.

Since special damages are not always awarded, you will need to provide evidence of the financial losses you wish to claim for. This could include bank statements, payslips and invoices.

To discuss your case and receive free advice, you can contact our advisors.

How To Start A Claim Against The Council

When making a compensation claim against your local council, you will need evidence to support your case.

Some examples of evidence you could gather to support your claim could include:

  • Medical evidence of any injuries you have suffered, such as your medical records.
  • Proof that you reported any property damage to your council as your landlord when making a housing disrepair claim.
  • Pictures of any housing damage, hazards that caused your injury or the injury itself.
  • The contact information of anyone who witnessed your accident or the harm you suffered, as they could provide a statement later on.

One of the solicitors on our panel could help you with gathering evidence for your particular claim as part of their services. Contact our advisors today to see if you could work with one of the solicitors on our panel.

A loose pavement slab sits several inches higher than the identical slabs around it.

Your Rights When Filing A Claim

You have various rights when filing a claim against your local authority.

  • Whether you are in a public place controlled by a local council or if they are your landlord, they owe you a duty of care.
  • You have a right to complain directly to local councils if they fail in their duty of care.
  • You have a right to take legal advice from a personal injury solicitor or other expert on potential compensation claims.
  • You have a right to receive Statutory Sick Pay (SSP) for time off work due a personal injury, provided you meet the eligibility criteria.
  • You have a right to make a claim for compensation if you have been subjected to personal injury or housing disrepair and meet the relevant eligibility criteria.

To see if you may have an eligible claim or to learn more about how council compensation payouts in the UK are calculated, you can contact our advisors.

A solicitor works at a desk to seek council compensation payouts across the UK.

Do I Have To Pay To Seek Council Compensation Payouts In The UK?

Technically, it doesn’t cost you anything to start a compensation claim. However, you may be worried about ongoing costs or hiring legal representation.

The solicitors on our panel have years of experience securing council compensation payouts in the UK for their clients; both for personal injury and housing disrepair claims. Additionally, they can offer their expert services on a No Win No Fee basis.

By offering you a Conditional Fee Agreement, you could benefit from:

  • Not having to pay anything upfront for them to begin working on your claim.
  • Having nothing to pay for their services as the claim progresses.
  • Not paying your solicitor for their completed services if the claim fails.

Should your claim succeed, the solicitor who worked on your case will deduct a success fee from your compensation. The law limits the percentage that this fee can be.

To see if you could work with one of the expert solicitors on our panel for your particular claim, you can contact our advisors:

Learn More About Claiming Compensation

More guides by us on the types of claims we could help with:

External resources:

Thank you for reading our guide to council compensation payouts in the UK.