Compensation claims against the council
Advice for making a compensation claim against the council
Before making a claim
Before making a claim for compensation against the council you should be aware of the following points:
- Everybody has the right to make a claim but the council will only give compensation if the council is legally at fault for the incident.
- For a personal injury claim, once the council has acknowledged your letter of claim, they have 90 days (from the date the letter of acknowledgement is sent) to investigate the claim and either admit or deny liability. These time scales adhere to the current Ministry of Justice: Pre-action Protocols. All other claims such as property damage claims are handled in the spirit of these protocols, except motor claims which have their own protocol.
- If you are insured privately for the damage or injury sustained such as motor insurance, you may wish to report the claim to them. If covered they will settle your loss and then pursue recovery against the council on your behalf.
- Fraudulent claims will be prosecuted and could result in imprisonment.
How to make a claim
In order to make a claim you will need to send a formal letter/email to the council. The information needed in a letter of claim in defined in law and should include the following information:
- Claimants name & address
- Claimants date of birth
- Claimants national insurance number
- Details of the incident such as exact location & date & time etc.
- An indication of the injury or damage to property
- An explanation of how or why you feel the council have acted negligently
Please try and include as much information as possible and include any photographs or maps of the location, if necessary. The more information you provide the council, the easier it will be to investigate & reach a decision of liability.
Please note that failure to provide sufficient information in your letter will result in it not being considered a letter of claim.
Letters or claim should be sent to: Insurance Office, London Borough of Sutton, Civic Offices, St Nicholas Way, Sutton, Surrey SM1 1EA
If you would like to email your letter of claim please send it to: firstname.lastname@example.org
Help & Advice
A compensation claim is a legal claim and can be very complicated. You may wish to seek independent legal advice either before you make a claim or if you disagree with any decision reached. Before appointing a solicitor we advise you check how much any legal service will cost and how they will be funded. Alternatively, the Citizens Advice Bureau can give guidance on making a claim. To get details of your local Citizens Advice Bureau office please visit their website www.citizensadvice.org.uk/.