Liability claims against Lambeth Council guidance

Please read this information from the risk and insurance team before you complete your incident report form.

Please read this information from the risk and insurance team before you complete your incident report form.

You are making a claim against Lambeth Council. The basis of your claim is that there has been fault on the part of the council. It is therefore necessary for you to prove in civil law that the Council has been negligent and/or breached its statutory duty.

You will not automatically receive compensation just because an unfortunate incident has occurred.

Data sharing

Please be aware that Lambeth Council shares information on claims and claimants with its insurers, the Associationof British Insurers and other local authorities for the purposes of detection and prevention of fraud. Lambeth Council also subscribes to Fraudline (telephone 0800 328 9270) as part of its anti-fraud strategy.

Other parties

If the incident appears to have occurred because of another party, your claim may be passed on to that other party. Examples of this include utility companies and independent building/maintenance contractors.

Procedure for claims involving Lambeth Council

Whenwe receive your completed and signed incident report form, we will acknowledge receipt within 10 days. At this point we will inform you whether the claim is being handled ‘in-house’ or by claims handlers acting on our behalf. Usually if a claim is of high value, it will be dealt with by external claims handlers and all correspondence must be directed to them.

Personal injury claims

The council has 40 working days to investigate your claim and reach a decision on liability, in accordance with legislation known as the Civil Justice Reforms for personal injury.

You should receive a letter within 40 working days informing you whether the claim has been accepted or denied for your injury.

If you have any evidence to support your claim, like document or photographs, you should supply it along with your incident report form.

If your claim is for property damage, you will be asked to supply the original receipts if available and confirm the age of the items. You may also need to supply estimates for replacement, repair or cleaning of the damaged items.

The limits of compensation claims

Please be aware that, should the council admit liability, the age and condition of your goods will be taken into account. When you buy home insurance, you pay for a ‘new for old’ service, but the council is not an insurance company and does not offer such a service. Neither does it accept liability for incidents that could not have been foreseen or that are caused by factors outside its control.

Therefore, the option to claim compensation is not an alternative to buying your own household contents insurance.

Personal injury

If your claim is for an injury, our claims handlers will seek your authorisation to approach your GP or hospital and request medical evidence.

Visit from a claims investigator

You may be contacted by one of Lambeth’s claims investigators to arrange a joint visit, either to your home or to the site of your incident. The claims investigator will normally take photographs of any relevant evidence and take a statement from you in order to gather further information about your claim.

Our claims investigators are also responsible for ensuring that any potential fraud is detected and, if appropriate, prosecuted.

Once the council’s investigations are complete, it will either accept or refuse your claim on the basis of legal liability.

Accepted claims

If your incident was caused by Lambeth’s negligence and/or breach of statutory duty, we will accept liability and notify you in writing of the procedure for payment.

Refused claims

If your claim is refused you will receive a letter explaining why. If you wish to dispute the council’s decision, you should write to us with further evidence and an explanation of why you believe the decision was wrong. You are free to seek legal advice at any stage of your claim. Other organisations such as the Citizens’Advice Bureau, may be able to advise you.

Contact details

Risk and Insurance Services
London Borough of Lambeth
PO Box 734
Winchester
SO23 5DG

Telephone: 020 7926 9330

Email: RiskAndInsurance@lambeth.gov.uk