Rochdale Borough Council – How To Sue For Compensation

This guide could help you if you are wondering when a claim against Rochdale Borough Council could be justified. If you’ve been injured by a breach of the council’s duty of care, you could be entitled to make a claim.

claim against rochdale borough council

Claim against Rochdale Borough Council guide

There are a number of different scenarios in which the local authority has a responsibility to safeguard you. We will look at potential personal injury, data breach and housing disrepair claims.

Each type of claim has different requirements and time limitations, which this guide will also cover. Furthermore, we look at the advantages of using a No Win No Fee agreement to fund legal representation in your claim.

Additionally, you could get in touch today for free legal advice from our advisory team. You can:

Select a Section

  1. A Personal Injury Claim Against The Council
  2. Building A Strong Data Breach Compensation Claim Against The Local Council
  3. What You Should Know About Filing Housing Disrepair Claims Against Your Local Council
  4. Can I Make A No Win No Fee Claim Against Rochdale Borough Council?
  5. When Must I File My Claim?
  6. Get Advice On A Potential Claim Against Rochdale Borough Council

A Personal Injury Claim Against the Council

To make a claim against the local council for a personal injury, you would need to be able to prove that you were injured as a result of their negligence.

The duty of care your local council owes you when out in a public place is outlined in the Occupier’s Liability Act, 1957. Your local council could be the party in control of various public spaces, e.g. parks, gyms or libraries.

Under this Act, local councils are obligated to keep any visitors to their spaces safe from harm as much as they reasonably can. If they fail in this responsibility, this could cause an accident that injures you.

For example, if you were using exercise equipment in the local park and some of the apparatus broke as you were using it, it could lead to serious harm. You could be left with a break or fracture, such as a broken forearm or broken foot.

Alternatively, you could suffer a slip or trip accident due to a spillage not being cleaned up in a council-run library or due to protruding tree roots that could see you potentially suffering a broken ankle injury.

To make a claim for these injuries, you would have to prove that they were caused by the council not fulfilling the duty of care that they’re owed. If they happened despite the council doing all that was expected of them, then you’d be unable to claim.

For more information on whether you could be entitled to make a claim against Rochdale Borough Council, speak with a member of our team today.

Potential Personal Injury Compensation Payouts

When making a personal injury claim against a local authority, you could receive general damages. These damages seek to provide you with compensation for the pain and suffering your injuries have caused you.

The table below demonstrates compensation amounts relating to different injuries. These figures align with the amounts listed in the 16th edition of the Judicial College Guidelines (JCG), which legal professionals use to help them value injuries.

InjuryNotesAmount
Injuries Affecting Sight(c)(i) - Loss of sight in one eye with reduced vision in the other. There could also be a risk of further deterioration in the remaining eye. £95,990 - £179,770
Wrist Injury(a) - Result in a complete loss of function. £47,620 - £59,860
Knee InjurySevere (iii) - This bracket includes injuries that have resulted in a slight disability. It could cause continuous, discomfort and pain with limited movement. £246,190 - £43,460
Knee InjuryModerate (i) - Includes dislocation injuries or torn cartilage which results in weakness. £14,840 - £26,190
Elbow InjuriesLess Severe - Injuries that cause a lack of function but do not necessitate major surgery.£15,650 - £32,010
Hand Injury(g) Less Serious - Injuries can include those from a severe crush injury that has resulted in significantly impaired function despite treatment.£14,450 - £29,000
Back InjuryModerate (ii) - Includes issues with ligaments/muscles, that can cause backache, £12,510 - £27,760
Ankle InjuryModerate - This bracket includes fractures and ligament tears which cause difficulty walking.£13,740 - £26,590
Pelvis & Hip InjuriesModerate (ii) - Injuries that may have required a hip replacement. £12,590 - £26,590
Shoulder InjuryMinor (i) - Soft tissue injuries that recover in almost two years.£4,350 - £7,890

Your compensation could also include special damages. This is to cover any past financial losses or possible future losses that were directly caused by your injuries. Examples of what this could cover:

  • Travel costs.
  • Loss of earnings.
  • The cost of arranging private medical treatments.

To claim special damages, you must provide evidence of your losses. For example, you could provide bank statements or receipts to demonstrate travel expenses or prescriptions.

Building A Strong Data Breach Compensation Claim Against The Local Council

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are the pieces of legislation that outline how the personal data of UK residents should be protected. If your local council were to breach data protection law, your personal data could become compromised.

A data breach is a security incident that affects your personal data. It would impact its integrity, how available or how confidential the data is.

If your personal data is exposed in a breach, this could cause you harm. For example, if your bank account details were breached, this could cause someone to steal money from your account. Alternatively, if your Social Services file was posted to the wrong address, this could cause you distress.

To make a data breach claim against the council, you need to prove that the data breach was caused by the failings of your local council. You would also need to show that it caused you financial and/or emotional harm.

For more information on when a data breach claim against Rochdale Borough Council could be made, speak with a member of our team today.

What You Should Know About Filing Housing Disrepair Claims Against Your Local Council

Your local council have a duty of care towards you under The Landlord and Tenant Act 1985 if you live in council housing. This means that the council is acting as your landlord.

There are many things that your local council are responsible for when it comes to your house, such as:

  • Adherence to fire safety regulations
  • Maintenance and repair of gas, electric and water
  • Dealing with mould, dampness and infestation
  • Maintenance of roof structures
  • Security measures
  • Defects that relate to central heating and/or wiring

If you are wondering whether you could be eligible to make a housing disrepair claim, you can talk to our team for more advice.

Can I Make A No Win No Fee Claim Against Rochdale Borough Council?

No Win No Fee agreements are offered by solicitors as a way to help you fund their work. This can be appealing if you have already struggled financially as a result of the incident.

A Conditional Fee Agreement is a kind of No Win No Fee agreement. With one in place, you will not be required to pay anything to your solicitor upfront, nor will they ask for any ongoing fees. Plus, if your case is unsuccessful, you won’t be asked to pay for your solicitor’s services.

A success fee will be taken from your compensation by your solicitor to cover their fees if your claim is successful. This will be pre-discussed with your solicitor before they take on your case and is also legally capped to prevent you from being overcharged.

Speak with our advisors for more information on No Win No Fee claims.

When Must I File My Claim?

When thinking about making a claim, there are time considerations you must consider, outlined in the Limitation Act 1980. They are different for each type of claim.

  • Data breach claims – 6 years. Reduces to one year if claiming against a public body.
  • Personal injury claims – 3 years from the date of the accident or the date of knowledge. Exceptions can apply- speak with an advisor for more information.
  • Housing disrepair claims – You have between 3 or 6 years to start a claim, depending on the type of housing disrepair claim you are making.

If you’re wondering, “can I make a claim against Rochdale Borough Council?” our team could help. Speak with an advisor today.

Get Advice On A Potential Claim Against Rochdale Borough Council

If you would like to ask more questions about a potential claim against Rochdale Borough Council, contact our expert team today. They are here to provide you with free advice regarding your claim.

Get in touch with us today:

Remember, there is absolutely no obligation to continue with a claim after speaking with us.

More Resources On Making A Claim Against Rochdale Borough Council

Below are some more articles written by us:

Additional information:

If you are still wondering when a legitimate claim against Rochdale Borough Council could be made, speak to one of our advisors.

Article by Rob

Edited by Sto