As part of the response to Coronavirus (Covid-19) our teams are currently working from home. We're not able to handle incoming or outgoing post and ask that you submit a claim online, wherever possible.

If you believe that you have been injured, or your property has been damaged or removed in error, and that Warrington Borough Council is liable (at fault) then you can make a claim for compensation.

We will only consider compensation claims where there is evidence of our legal liability. See below for further information on liability. 

Compensation Claims against Warrington Borough Council are managed by Salford City Council Insurance Services.

Ongoing compensation claims

Any enquiries regarding an ongoing compensation claim should be directed to Salford City Council.

email: ask.insurance@salford.gov.uk

phone:0161 793 2044

letter: Insurance Service, Salford City Council, Civic Centre, Chorley Road, Swinton, M27 5AW

New compensation claims

All new compensation claims should be submitted to Salford City Council via the online reporting forms or by contacting them via email or phone.

Before you submit a claim

Please take the time to read the key information below to know when and how to make a claim.

Is the cause of the incident a danger to others?

If the cause of the incident is a potential immediate danger to others (eg building damage, pothole, or road or footpath issue) then this is classed as an emergency. Please report this to us before submitting a compensation claim.

Report an emergency

Possible causes of immediate danger

  • Significant Spillage or debris on road or pavement
  • Missing grid, manhole cover or flagstone(s)
  • Missing or rocking kerbstone
  • Collapse or subsidence on the road or pavement
  • Potholes - Deeper than 4cm on the road or 2.5cm on the pavement
  • A damaged or vandalised guardrail that sticks out onto the road or pavement
  • A damaged or vandalised bollard that is dangerous to the public
  • fallen trees, bushes or road signs blocking a road or forcing people to walk in the road
  • Flooding - on a large part of the road or pavement; or on a road or pavement that is likely to flood a nearby property

If the cause of the incident is not an emergency you can report this to us using an online form

Report a non-emergency

Liability - Who is at fault for the incident?

Only submit a compensation claim against Warrington Borough Council if you believe the authority to have been negligent (at fault).

Establishing negligence

The council will not always be liable even where damage or injury has occurred. The key issue is whether the council has been negligent. If the cause of the damage was unforeseen then the council is usually not considered negligent.

For example, if there is storm damage caused by falling branches from healthy trees then this is not something that could have been predicted or prevented from happening.

The authority also cannot be held liable for the independent actions of others.

Contractor works (including water, gas, electricity and broadband suppliers, etc.) 

When a contractor or any third party construction work is involved, they are required to have public liability cover and are solely responsible for any works that take place. You should submit a claim directly to them via their claims process.

If you submit a claim to the council and, after an investigation into the claim a contractor is found to be responsible, then you will be supplied with a denial letter from the authority and the name and address of the contractor. The file will be closed by Warrington Borough Council.

The authority will not pay any form of compensation to you and then recover the costs from the contractor / third-party company. The onus will be on you to submit a new claim to them. 

Criminal acts of a third party 

The council cannot be held liable for the criminal actions of others if damage is caused to you or your property. It is advised that you contact your insurer in such matters.

Spillage\debris on road 

The council cannot be held liable for the actions of others if spillages or debris is on the road.

Hitting a unlit island or chicane 

The council cannot be held liable if drivers hit an object (e.g. unlit traffic islands, street furniture, etc.). Street furniture is laid out specifically for a variety of reasons and would have sufficient road markings and reflective markings around it to indicate its presence.

It would be visible in daylight and evident to oncoming traffic that they must drive as the road allows. Street lighting would show its presence at night and vehicle headlights provide adequate illumination to avoid collision.

Section 58 Highways Act - Defence Against Claims 

The council has a regular inspection regime for all adopted roads with intervals between inspections determined by the volume of traffic on the specific stretch of highway and type of road. Unadopted roads are not the responsibility of the council and are not subject to inspection. 

Section 58 of the Highways Act provides all councils with a defence against claims made against local authorities. It allows for the period between inspections to be reasonable and for repairs to be undertaken once defects have been found.

Warrington Borough Council may be able to rely upon the Section 58 defence to defend a claim relating to a damaged vehicle or property even if at the time the defect was in place.

For example, if the authority can show from its documented records that at the time of last inspection a trip hazard or pothole was not present or not considered to be dangerous.

If the authority has a defence, records of the inspection regime and Street History Report recording complaints (personal information redacted) will be submitted to you with a denial letter.

 

How to submit a claim

Compensation claims against the Council will only be considered when all required information and evidence has been provided by the claimant or their representative.

Please note: If a claim is received with incomplete information or evidence then this will delay the processing of your claim and it will rejoin the queue at the date when full details and all required evidence have been provided.

For claims represented by a Solicitor

All personal injury claims up to £25k where the claimant is represented by a Solicitor must be submitted via the Claims portal. This is a national requirement in line with civil procedure rules.

Claim via the claims portal

Please quote portal reference G00271 within your claim.

For claims by a member of the public

For compensation claims where you believe Warrington Borough Council to be liable you can complete one of the 4 online web forms on the Salford City Council claims page. 

Please see below for the section on their website to open containing the relevant claim form. 

Claim form to complete

Type of claim being made

Personal damage or loss

  • Where items were removed by the council in error (eg by refuse crew);
  • Property or personal damage (eg a council vehicle or property has damaged your person or property);
  • Vehicle collision; or
  • Any other loss.

Personal injury

  • Trips or falls on a public highway (eg caused by a missing or damaged grid, manhole cover, flagstone or kerb).

Damage due to a road defect

  • Vehicle damage from a sizable pothole / roadworks.

Tree root damage

  • Property damaged by tree roots. 

Claim via the Salford City Council web forms

Alternatively, if you cannot submit your claim online then please contact Salford City Council Insurance Services via the above telephone number or email address and you will be sent an application form to complete and return.

Please be aware that making a false claim for compensation is a criminal offence for which you can be prosecuted. Warrington Borough Council has a duty to safeguard public funds and will use the information you provide for the prevention and detection of fraud. We may also share your information with other bodies responsible for auditing or administering public funds for these purposes