Claiming compensation against the council
Last updated · By Mustafa Bilgic
What the council is responsible for
Local authorities are responsible for keeping a wide range of places reasonably safe, and the legal basis depends on where you were hurt:
- Roads and pavements — the council is usually the highway authority under the Highways Act 1980 and must maintain the public highway (this covers potholes and trip hazards on footpaths).
- Parks, libraries, schools and council buildings — covered by the Occupiers’ Liability Act 1957, which requires occupiers to take reasonable care for visitors’ safety.
- Schools — additional duties of care to pupils.
The section 58 defence — why pothole claims are hard
This is why evidence matters so much. A claim is far stronger if you can show the defect was significant (for trip hazards, often around an inch / 25mm or more in height difference, though there is no fixed legal threshold) and that it had been there long enough that a reasonable inspection should have found it — for example earlier complaints, or the defect being weathered and clearly long-standing.
Evidence you need
- Photographs of the defect with a measurement (a ruler or coin against it) and the surroundings, taken as soon as possible.
- The exact location.
- Witness details.
- Medical records of your injury.
- Any evidence the defect was reported before or had been there a long time.
A solicitor can also make a request to see the council’s inspection and repair records, which are central to defeating the section 58 defence.
What you can claim for
As with any injury claim, you can recover general damages for the injury (valued from the Judicial College Guidelines) and special damages for your lost earnings, treatment, damaged belongings and other costs — see how compensation is calculated. Common pavement and pothole injuries include wrist and arm fractures, facial injuries, and knee and ankle injuries from the fall.
How to claim
- Gather evidence immediately — the defect may be repaired within days, so photos with measurements are vital.
- Report it to the council.
- Instruct a solicitor (regulated by the SRA), usually on a no-win-no-fee basis, who will request the inspection records.
- Mind the three-year time limit.
This guide is general information and not legal advice.
Frequently asked questions
Can I claim compensation for tripping on a pavement?
Yes, if the council failed to maintain the pavement and the defect was significant. Trip hazards are often around an inch (25mm) or more in height difference, although there is no fixed legal threshold. The council has a defence under section 58 of the Highways Act 1980 if it can show a reasonable system of inspection and repair, so photographs with a measurement and evidence the defect was long-standing are important.
How much is a pothole claim worth?
It depends on your injury, not the pothole. A wrist fracture from the fall might be worth several thousand pounds, a more serious injury much more, valued from the Judicial College Guidelines, plus special damages for lost earnings and any damaged property such as a bicycle. The harder question is usually proving the council was at fault, not the value.
What is the section 58 defence?
Section 58 of the Highways Act 1980 gives a highway authority (usually the council) a complete defence to a claim if it can prove it had taken reasonable care to keep the road or pavement safe — a proper system of inspection at sensible intervals and timely repairs. This is why even genuine pothole and pavement claims can fail, and why the council's inspection records are central to the case.
How long do I have to claim against the council?
Generally three years from the date of the accident, the same as other personal-injury claims. Because the council may repair the defect quickly, it is important to gather evidence — especially photographs with a measurement — straight away, even though you have three years to start the formal claim. See our guide on claim time limits.
Can I claim if I was injured in a council park or building?
Yes. Accidents in parks, libraries, schools and other council premises are covered by the Occupiers' Liability Act 1957, which requires the council to take reasonable care for the safety of visitors. If an unsafe condition the council should have dealt with caused your injury, you can claim in the same way as any public-place accident.