In certain cases, persons might suffer a financial loss and/or personal injury for which compensation may be payable.
The council only makes payments of compensation when it is proven the council is under a legal liability to do so.
Who can I make a claim against?
- Wolverhampton Homes - relating to claims arising on Wolverhampton Homes managed property
- City of Wolverhampton Council - relating to any service provided by the council including non-academy schools, parks, markets and leisure centres
This includes claims being made by employees against City of Wolverhampton Council or Wolverhampton Homes.
Information for Highway Claimants
The council as Highway Authority is responsible for just over 735km of highway across the city. Before making a claim, please consider the following information which explains some of the legal background to highway maintenance and the law which relates to it.
Duties
Section 41 of the Highways Act 1980 requires the Highway Authority to maintain all highways for which it has a responsibility. In order to fulfil this responsibility a programme of inspection is in place. Each road and footway is the subject of inspection, the frequency of which depends upon the classification, or status, of the road or footway (how busy the road or footway is). When a defect, or fault, is identified on an inspection, any necessary repairs are carried out within set timescales. Defects reported by members of the public are treated in the same way.
Claims and the Law
Under Section 58 of the Highways Act 1980 provides the council with a "special defence" to claims for damage or injury arising from the condition of the highway, if it can show it has taken reasonable steps to maintain the highway.
In order to be successful a claimant will need to show that the section of highway in question has not been maintained properly, according to its status and was therefore unsafe. A claimant must also show that this was the cause of the incident and that a loss or injury has been sustained.
The council will not have to pay compensation if it can show that it has carried out inspections and repairs as planned and reported, satisfying the requirements of Section 58.
Please be aware that defects can develop very quickly particularly in the carriageway. The presence of a defect does not necessarily mean the Council is liable. If a claim arises from a defect that is subsequently repaired, this does not imply an acceptance of liability on the part of the Council.
Although unfortunately incidents do occur very few are actually attributable to the negligence of the council.
How do I make a claim myself?
Please note: You are reminded of your right to seek independent legal advice regarding any claim for compensation. You should familiarise yourself regarding the legal costs you will be liable for.
How we use your personal data
This authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes. For further information, read our Privacy Policy.
Note to claimant legal representatives
City of Wolverhampton Council and Wolverhampton Homes are registered on the Claims Portal and claims can be submitted directly by selecting the relevant defendant/compensator.
Claims Notification Forms to be posted prior to submission through the portal for dealing with low-value personal injury claims should also be posted to the above address. Do not post Claims Notification Forms to any other address.