Find out how reporting a hazard can support your claim and help prove council negligence before starting a compensation case.
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How to make a Complaint to the Council Before Claiming
Making a formal complaint to the council can significantly strengthen a personal injury claim. If you were injured by a hazard such as a pothole, broken pavement or poor lighting, reporting the issue creates evidence that the council was informed, which may be used if they fail to act.
A formal complaint can be made through the council’s website, by email or using an online tool such as FixMyStreet. You should clearly describe the hazard, its location, and the nature of the accident it has caused you. Keep a copy of the complaint and your report reference number to build your case.
This guide explains how to make a formal complaint to the council, what hazards should be reported to the council, and why this step can be helpful before making a claim.
Table of Contents
Why reporting a hazard to the council can strengthen your claim
Reporting a hazard can strengthen a claim against the council by helping establish that they were aware of the danger but failed to act, which can be important for proving negligence. You can report a hazard to the council before or after suffering an injury.
Essentially, making a complaint will:
- Help show that the council knew about a defect but failed to fix it within a reasonable time.
- Help challenge a council’s Section 58 defence under the Highways Act 1980, claiming they had a reasonable inspection system in place.
- Help link the council’s failure to maintain the area to your accident and injury.
- Help show that the defect was present for a significant amount of time before the accident occurred.
What is constructive notice and why it matters in council claims
Constructive notice is a key legal concept in occupiers’ liability claims against the council. This means that the council knew, or should have known about the hazard, even if they claim they were unaware of it.
You can use various other types of evidence to argue constructive notice, including inspection records, official reports, photographs of the hazard and witness statements.
A formal complaint to the council provides actual notice of the hazard. This means that once they have received the complaint, the council is aware of the problem, and failure to act can be used in a personal injury claim to help prove negligence.
What types of hazards should be reported to the council?
Hazards that should be reported to the local authority include any dangerous conditions that pose a risk to the health and safety of the public, including:
- Uneven or damaged pavements, potholes and trip hazards.
- Poor or broken lighting in parks, walkways, car parks and other public areas.
- Overgrown trees, fallen branches or dead trees that could fall on people.
- Broken or defective furniture, such as benches or playground equipment in parks.
- Damaged fencing, railings or barriers.
- Broken or missing manholes and blocked drains or sewers.
- Other hazards such as spills, obstructions, debris or slippery surfaces.
Reporting a hazard early on, following the council’s formal complaints process, can help prevent an accident or create valuable evidence for a future claim.
How to report a hazard to the council
There are several ways to report a hazard to the council, including via their website, via online portals, or by writing a formal letter. When submitting a report, you should aim to provide clear and accurate information, including:
- A detailed description of the hazard, including when you first noticed it.
- The exact location, using an address or pinning the location on a map.
- Photos or videos showing the issue.
- The risks the hazard poses to the public or any injuries it has caused.
- Your name and contact details.
Always keep a copy of your complaint to the council and the reference number of your report.
Using FixMyStreet and other online reporting portals
Most local councils have a dedicated online portal for reporting street issues. This is usually the quickest and most effective way to put them on notice and create a formal record of the complaint. The step-by-step process involves:
- Find the council’s reporting page – Go to your local council’s website and look for sections such as ‘Report it‘ or ‘Report a problem‘. You can also use the official GOV.uk tool to locate your council by entering a postcode.
- Select the type of issue – Choose the category that best matches the hazard, such as ‘Potholes and road damage‘ or ‘Street lights‘.
- Provide details – Enter the exact location of the hazard, upload photos, and clearly describe what the issue is, why it is dangerous, and how long it has been there.
- Submit your report – Once your report is submitted, you should receive an email confirmation and reference number. Keep these and take screenshots of the report as evidence.
You can also use the FixMyStreet website or app to report a pothole, broken streetlight, or another road hazard. You can drop a pin on a map or enter a nearby postcode, street name, or area, add photos and describe the issue in detail.
Once you submit the report, the platform will automatically notify the relevant local council of the issue. The app also allows you to track the status of your complaint, updates and responses.
Writing a formal letter to the council
You can write a formal letter to your council to report an issue and put them on notice of the defect. This letter should include:
- A clear description of the issue, using clear and concise language.
- Details about how long the issue has been present and how it has affected you or others.
- Previous reference numbers or information from earlier reports, if available.
- The exact location of the hazard and any relevant photographs.
- A clear statement of what actions you expect the council to take.
- Your name, address and contact details.
You can also request a response within a reasonable timeframe. The purpose of the letter is to ensure the council understands the nature of the defect and the potential risks it poses to the community.
It is essential to note that for immediate dangers, such as severe potholes, live wires, or dangerous trees, you should call the local council’s emergency number or 999.
What if the council fails to act after you report a hazard?
If you reported an issue following the council’s complaints procedure and the council failed to act within a reasonable timeframe, this can strengthen your claim. Any delay or inaction could mean the council breached its duty of care, depending on the circumstances of the case.
While target response times can vary from council to council based on the level of risk, you can often expect the following:
- Emergency hazards – should generally be made safe within 2 hours and fixed within 24 hours.
- Urgent hazards – are often addressed within 3 to 7 working days.
- Non-urgent hazards – repairs are often completed within 28 working days.
If the council fails to act, you can send a formal letter of complaint detailing your previous report and the failure to address the hazard. If the issue remains unresolved, you can escalate your complaint to the Local Government and Social Care Ombudsman.
How to create a strong evidence trail to support your claim
To create a strong evidence trail and challenge a Section 58 defence, you should document the incident thoroughly, make a formal complaint to the council, and keep detailed records of documents.
Photographic evidence is particularly important. You should take clear, timestamped photos or videos of the hazard from multiple angles, including close-up shots and shots of the surrounding area. When taking photos of potholes or other pavement defects, include an object for scale to show the size or severity of the defect.
You should also aim to collect:
- Screenshots and reference numbers of formal complaints to the council or Ombudsman.
- All correspondence with the local council, such as letters, emails and details of phone calls.
- Statements from witnesses who saw the incident or were aware of the hazard.
- Medical evidence detailing your injuries and prognosis.
- Proof of related financial losses and expenses, such as receipts and payslips.
For more advice on how to build a strong case, please refer to our guide on what evidence is needed to make a personal injury claim.
How to obtain council response records using a Freedom of Information request
You can request official records from the council by making a Freedom of Information (FOI) request under the Freedom of Information Act 2000. You must make your request in writing and include your name, contact details, and a detailed description of the information you want.
You may request the following:
- Inspection records and maintenance logs.
- Previous complaints about the hazard.
- Repair and response times.
These records may help show whether the local authority:
- Had a reasonable inspection system in place.
- Was aware of the hazard before your accident.
- Acted appropriately once they became aware of a defect.
Can I still claim if I didn’t report a hazard immediately?
Yes, you can still make a claim even if you did not formally complain to the council about the hazard that caused your injury. While an official report can strengthen your case, it is not a legal requirement.
Without a prior complaint proving that the council should have known about the hazard, you will need to rely on other types of evidence, such as:
- Previous complaints from others
- Maintenance and inspection records
- Evidence of how long the defect existed, such as dated photographs or witness statements
Delaying a formal complaint to the council can make it harder to prove that the injury occurred at that location or that it was caused by that specific hazard.
Even if no complaint is made, you can still rely on constructive notice, meaning the council should have identified the hazard through reasonable inspections.
How a solicitor can help you with your claim
A specialist personal injury solicitor can help you with your claim against the council by gathering evidence, proving liability and handling the claims process and negotiations on your behalf. They can:
- Assess whether you have a valid claim
- Help you gather supporting evidence, including inspection records
- Handle all communication with the council
- Know how to challenge any defences raised by the council
- Help you pursue fair compensation for your damages
- Represent you on a no win no fee basis
To start your claim today or learn more about how to make a complaint to the council before claiming, call 0800 470 0472 for free legal advice or use our online claim form to request a call back.
