Common complaints about council liability for injury and damages
Councils have responsibility for a wide range of functions, including maintenance of roads, parks and cemeteries, water supply, sewerage, and stormwater drainage.
Common complaints about councils involve injury or damage to property from potholes, obstacles on footpaths, falling branches, flooding or subsidence.
If you are injured or suffer damage to your property because of council action
(or inaction) you can make a complaint under council’s administrative actions complaints process.
If you are unhappy with council’s decision, you can request an internal review. Council should provide reasons for its decision.
You may also need to consider whether to make a liability claim on council. You should contact your council to find out what is required. You may also wish to consult a legal adviser to prepare a claim.
What the Ombudsman will and will not investigate
The Ombudsman will consider the reasons provided by council or its insurer not to accept liability. If those reasons appear to have a reasonable basis, the
Ombudsman will not investigate further.
How are complaints considered?
Complaints about liability of a council for injury or damage are considered against the requirements of the Civil Liability Act
2003 (the Civil Liability Act) and common law (law developed by judges using precedents).
For a council to be held liable for injury or property damage, it must be shown that council owed a duty of care, that it breached that duty of care and that this resulted in damage.
The Civil Liability Act contains principles that restrict liability claims against councils, including that:
• the functions performed by councils are limited by financial and other resourcing considerations allocation of financial or other • resources is not open to challenge
• the full range of council’s functions are to be considered
• council may rely on compliance with general procedures while carrying out its functions.
What happens with my complaint?
The Ombudsman rarely gets involved with complaints about council liability.
This is because the Ombudsman cannot make a determination about the liability of a local council, or whether compensation should be paid. Only a court can decide these matters.
A council may make a decision about a complaint alleging injury or damage or refer the matter to its public liability insurer. Council, or its insurer, are entitled to accept or deny liability for injury or damage.

People who disagree with council’s decision regarding its liability for injury or damages should seek legal advice.
How to make a complaint
1.
Write to your local council first to try and resolve your complaint.
Keep records of conversations, emails, letters, names, dates and times.
2.
Use the council’s complaints process and ask for an internal review if you are still unhappy with the outcome.
3.
Contact the Queensland
Ombudsman if your complaint is still not resolved.
Contact us
W www.ombudsman.qld.gov.au
P (07) 3005 7000
1800 068 908
(if you live outside Brisbane)
If you are deaf, or have a hearing or speech impairment, please contact us through the National Relay Service, www.relayservice.gov.au
.
If you need a translator, please contact us through the Translating and
052016