Examples: Alternative remedy through legal action against the council

Compensation for personal injury through council negligence would normally be OUT, but consider these two separate complaints made by complainants who had tripped in poorly lit and unfamiliar streets at night and suffered injury.

• The complainant was in her eighties, and suffering from cancer. She suffered cuts and bruising and broke her spectacles. The morning following her complaint to the council, the paving slab was replaced. The complainant said that she only wanted to claim for her broken glasses, which cost in excess of £200 – IN, but only on the basis that no claim was to be made for injury suffered
• The complainant was in her thirties and in good general health. She suffered a broken arm and extensive cuts and bruising. The council denied liability, and the complainant said that she could not afford to sue the council – OUT, the proper place to test such cases being the courts.

Technically, tenants have resort to the courts in order to compel landlords to carry out repairs, but we normally presume that it is not reasonable to expect them to do so:

• A complainant had a new central heating system installed, but there were problems with a faulty boiler which leaked and had to be replaced. The boiler was dealt with quickly, but there were delays in getting more minor work completed and a carpet was slightly marked by the leak – IN

Where the only legal remedy is judicial review, it is usually appropriate to exercise discretion providing an application for JR has not yet been made:

• A group of 35 parents complained about a school closure – IN, because their remedy was Judicial Review which they could not have afforded, even as a group.
   

Date Published: 03/08/10