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??

[bednobs]

as i said - take the fence down

[agray35]

bednobs...dogs on the other side no win situation

[dothawkes31]

Or repair it, is it possible that the offending fence was actually erected by a previos tenant and is not infact anything to do with the landlord? They only need to provide a 3ft dividing fence which can literally be a plank nailed to a 3 ft post

[sherrardk]

You could have fixed the fence by now - you saw the house prior to moving in, it is obviously an improvement on where you were living. Stop being so ungrateful.

[MarkRae]

> Could HAVE, would HAVE, should HAVE!!! One of my pet peeves.

Well said.

[bednobs]

TBH i cant really see what you can do - the council thinks the fence does not need repair, and as its their fence, its up to them.
If you sued them (and won) although i cant see how, they would have even less money to repair your fence wouldn't they? And even if you did sue them, it wont change the status of your fence will it?

[sara3]

save some money from your wages, and fix it yourself. you know it makes sense :o)

[boxtops]

Hear hear to the last two posts

[B00]

as I said previously, if you were that ar$ed about your 4 year old playing outside, you'd have fixed the fence yourself, or at the very least made it safe, you've had two weeks to do it, instead you chose to whinge to other folk about it.

Are you physically incapable of doing this for your family too?

[boxtops]

^^ oops two slipped in between - I meant MarkRae and sherrard

[4getmenot]

I know but feel bad, wouldnt normally moan about grammer or spelling, as I make mistakes myself. But I've bit my tongue enough times about this one, I couldnt help it.

[sara3]

boxy, how rude!

[sara3]

Mark, bite your tongue!

[MarkRae]

Are you in charge now...?

[bednobs]

i know! i was all smug then thinking my answer was great and all ....

[boxtops]

Yes teacher - super value teacher

[sara3]

yes

[micmak]

I bet you do not pay a penny in rent or council tax. 5 children loads of social security and child benefit. The world does not owe you a living. Now you want compensation. Is it any wonder I am thinking of emigrating.

[Barmaid]

I suspect that if the Council have looked at it and taken the view it does not represent a hazard you are going to have a problem proving negligence.

How exactly did your son trip on it?

What exactly was your son's injury? Can he walk? Does he require medication? Has it been bound up? What did the xrays show (if anything).

[bednobs]

I have to say reparing a fence is a bit cheaper than engaging a solicitor