can i sue council for negligence and how do i go about it?

[agray35]

back in march i got offered a new council property and went and viewed it. i complained about the back fence as i have 5 children and it was falling down and being held up by a door. 2wks ago i finally moved into the property to find the fence still the same. i have been uo to the council a few times to report it as a repair, on friday i was told the HMO has been out and seen the fence and has removed it from repair as it in their opinion is satisfactory. I have taken pictures of the fence and showed a government H&S executive and they confirmed the fence is NOT satisfactory. on saturday i ended up in A&E with my teenage son as while bringing in my washing caught his foot on the door and went over on his ankle athough the injury was minor it could of been a lot worse and it could of been my 4yr old. i have picked up a claim form from the council but i am unsure whether i should get a solicitor involved to handle it or just fill in the form and leave it in the councils hands??

[Barmaid]

1. Read your tenancy agreement - that will tell you what they are responsible for
2. You cannot sue the council yourself. Assuming your teenager is under 18 you could sue them on his behalf but any damages will not be paid to him until he is 18. He will need a litigation friend (if under 18) who will agree to be responsible for any costs he incurs which are not reclaimable.
3. A sprain is unlikely to last more than a few days and thus is unlikely to attract a decent monetary award.
4. Given you knew about the door and it was clearly visible, there may well be an allegation of contributory negligence which could reduce or extinguish the damages.
5. The costs of this are going to outweigh any beneft.
6. As for the council doing their job, they have seen it and told you it is satisfactory as far as they are concerned. Their duties extend to being of a habitable standard and no more.

It does not sound like the strongest claim in the world to me. You could try seeking a no win no fee solicitor but in view of the difficulties above I'd be inclined to spend the dosh on a new fence panel or a washing line away from it. Stick some pots round it with some plants in it if you can't afford to replace it so no one can walk up to it.

[sherrardk]

Carrott - love your very polite post. I am always aware that that is what people must assume about me (but I have been with my husband for 22 years and my kids were (unbelievably) planned - though not twins obviously).

[4getmenot]

see joko I said I make mistakes (read 2nd post) but that 'grammar' just grates on me, when people write how they say it. As has been said its not their job or the law for them to fix it.

[carrot99]

yeah - but you were thinking it too Dot!!!

[B00]

Golly, do you really have 5 kids sherrardk? I take it you've no TV then? ;-)

[cherrychapstick]

so you have a very small garden then , could he not stand at the other side of the washing line to help bring your washing in ? who put it out? how did they not trip why am i typing? hmm oh well might get an answer maybe not .... can you put a picture on of the garden so we can assess it better for you :) still think you will wait a long time for the council to do it for you though would be safer all round if you did do it yourself with the help of your partner or son it wont take long and then your children can play safely

[dothawkes31]

what is the exact wording that specifically mentions the erection of fencing by tenants and the repair restrictions the council imposes to fences erected by none council agents and assigns (lol)

[sherrardk]

They are 9, 6, 4 and 2 year old twins (bit of a shock that) - and they were actually planned (although we were actually in discussion about the twins when I became pregnant). A lot of people just assume I am a childminder! I find peoples' preconceptions quite amusing really.

[agray35]

thanks for that barmaid nice to see some people dont just wanna *** folk off

[B00]

ok, we'e had knobs and knockers and now erections from dotty.....

Innuendo overload!

[carrot99]

Sherrardk I'm sorry but, as Dot noticed, it was one of the missing stereotypes - and I just couldn't help myself but throw it in.

[4getmenot]

I dont think anyone has stereotyped here. I have lots of friends in council house with kids by different fathers but I think most of them wouldnt come on moaning about something they have been given the oppurtunity of getting for free

[sherrardk]

Hi Carrot - no problem, I used to think the same myself but a drastic change in our circumstances has made me see the people around me differently (but to be fair, I sometimes hear people talking about people with lots of kids and I think 'God, how do they cope' and then I remember that I have lots of kids!). I was recently asked by the doctor (who was seeing my son) if I knew about the morning after pill - obviously implying that I had no idea about contraception (I was v annoyed - I'm not a bloody teenager).

[mike11111]

Perhaps at this point we should all take a breather and go to Molly's for a nice cup of tea.

[cherrychapstick]

nooooo mike , unlike the poster molly should actually be on jeremy kyle and i am not getting took on there with her lol

[lotsafun]

hi agray, unfortunatley i dont really think you have a leg to stand on, the council have provided you with a home with garden and fencing provided by them is a added bonus really not a nessecity. Im not sure what your ''situation'' is to wether your working or not etc but having dealings with the council myself in the past ive learnt that when your claiming off the state for your home and living costs you dont tend to be taken seriously. If you were paying your own rent and stuff then i would say you would have more fight on your side, as your paying for the property then the landlord has a duty to make sure that you are getting value for your money.
Your best bet is to fix it yourself as the council would only say if your not happy with the garden then dont go out there. There are many council houses that are in worst state than yours and theyve probably been waiting for months/ years for repairs.

[cherrychapstick]

sorry l o f , i disagree with that i would not say they treat you any differently whether you work or not they still get paid either way , but if you go and be a nuisance then they will do their danmdest (sp) not to help you if you are polite and are nice to them they can and usually will be nice back ,

[micmak]

I pay sky a set amont per month for my TV phone and internet. So if agray is on here she must be paying someone something. Or is this her/his way or trying to do the establishment for claims that are of no consequence. Maybe the money would be better spent fixing the fence.

[boxtops]

good point mikmak!

[foxyferret]

the question here seems to be whose fence is it? Just because the fence was there when you moved in does not necessarily mean it is a council owned fence. it could have been put up by a previous occupant and therefore is not the councils responsibility. the main thing as many previous posts have said is to read the tenancy agreement. I used to work in housing repairs local government, and I was for ever telling people, if you know there is something in the garden which may cause a hazard to children which is not the councils responsibility then either you keep the children inside, fix it yourself, or remove it altogether. From what you have said, I would remove the door as this seems to be causing the main problem. If the fence does not belong to the council, you would have little success in trying to get compensation.